Citation : 2026 Latest Caselaw 2332 UK
Judgement Date : 24 March, 2026
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
IA No.01 of 2024 For Bail Application
In
Criminal Appeal No. 818 of 2024
Sunder Singh Mehra @ Mehrana ...... Appellant
Vs.
State of Uttarakhand ..... Respondent
Present:
Mr. Prem Prakash Bhatt, Advocate for the appellant.
Mr. B.N. Molakhi, D.A.G. for the State of Uttarakhand.
Coram: Hon'ble Ravindra Maithani, J.
Hon'ble Siddhartha Sah, J.
Hon'ble Ravindra Maithani, J. (Oral)
The instant appeal has been preferred against
judgment and order dated 06.12.2024, passed in Special Sessions
Trial No.23 of 2021, State Vs. Sunder Singh Mehra @ Mehrana, by
the court of Special Sessions Judge, Champawat. By it, the
appellants has been convicted under Section 8/20 of the Narcotic
Drugs and Psychotropic Substances Act, 1985 ("the Act"), and
sentenced under Section 20(b)(ii)(C) of the Act.
2. Heard.
3. This appeal has already been admitted.
4. The LCR has already been received.
5. List in due course for final hearing.
6. Heard on Bail Application (IA) No.01 of 2024.
7. According to the FIR, on 14.10.2020, charas was
recovered from the possession of the appellant.
8. Learned counsel for the appellant submit that the
entire prosecution case is false; the sample seal were prepared at
the spot, but it bear the FIR number, which was lodged much
after the alleged recovery.
9. These facts are admitted by learned State Counsel.
10. The Court wanted to know from learned State
Counsel as to how the FIR number was recorded in the sample
seal and inventory report, when the FIR was admittedly lodged
much thereafter? He has no answer to it.
11. Having considered, this Court is of the view that it
is a case in which the execution of sentence should be suspended
and the appellant be enlarged on bail.
12. The bail application is allowed.
13. The sentence appealed against is suspended
during the pendency of the appeal.
14. Let 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.
(Siddhartha Sah, J.) (Ravindra Maithani, J.) 24.02.2026
Ravi Bisht
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