Citation : 2025 Latest Caselaw 97 UK
Judgement Date : 5 May, 2025
HIGH COURT OF UTTARAKHAND AT NAINITAL
Bail Application No. 01 of 2025
In
Criminal Appeal No.259 of 2025
Narayan Singh Mehta ......Appellant
Versus
State of Uttarakhand ....Respondent
Present:
Mr. Devesh Upreti, Advocate for the appellant.
Mr. Pramod Tiwari, Brief Holder for the State.
Hon'ble Ravindra Maithani, J.(Oral)
Instant appeal is preferred against the judgment and
order dated 08.04.2025, passed in Special Sessions Trial No. 48 of
2019, State Vs. Narayan Singh Mehta, by the court of Special
Sessions Judge, (NDPS Act)/Sessionst Judge, Champawat. By it, the
appellant has been convicted under Section 20 (b) (ii) (B) of the
Narcotic Drugs and Psychotropic Substances Act, 1985 ("the Act") and
sentenced to undergo rigorous imprisonment for a period of two years
with a fine of Rs.25,000/-. In default of payment of fine, to undergo
simple imprisonment for a further period of three months. The
appellant seeks bail in this appeal.
2. Heard learned counsel for the parties and perused the
record.
3. Admit.
4. LCR has already been received.
5. Let paper book be prepared and provided to learned
counsel for the parties, as per Rules.
6. List in due course.
Heard on Bail Application No. 1 of 2025
7. Learned counsel for the appellant would submit that the
appellant is on interim bail. He has been on bail during trial. He
would submit that the appellant is 80 years of age. The maalkhaana
register was not produced.
8 Having considered, without adverting much on merits,
this Court is of the view it is a case in which the execution of sentence
should be suspended and the appellant be enlarged on bail.
9. The bail application is allowed.
10. The sentence appealed against is suspended during the
pendency of the appeal.
11. The appellant be released on bail, during the pendency of
the appeal, on his executing a personal bond and furnishing two
reliable sureties, each of the like amount, to the satisfaction of the
court concerned.
(Ravindra Maithani, J.) 05.05.2025 Jitendra
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