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2017 DIGILAW 286 (UTT)

BACHAN SINGH v. STATE OF UTTARAKHAND

2017-05-16

SUDHANSHU DHULIA

body2017
JUDGMENT Hon’ble Sudhanshu Dhulia, J. 1. Ms. Pushpa Joshi, Senior Advocate assisted by Mr. Saurav Adhikari, Advocate, for the appellant. 2. Ms. Mamta Joshi, Brief Holder, present for the State/respondent. 3. This appeal has been filed against the judgment and orders dated 30.07.2014 passed by the learned Special Session Judge, Uttarkashi in Special Session Trial No.13 of 2011, State Vs. Bachan Singh, whereby the appellant was convicted under Section 8/20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced for ten years rigorous imprisonment with a fine of Rs.1,00,000/- with default stipulation. 4. Learned Senior Counsel for the appellant submits that the appellant has already undergone approximately five years of imprisonment as of now. The bail application of the appellant in appeal has already been rejected. Now, the appellant prays for an interim bail on the ground that his father is paralytic and his mother is about 72 years of age and they need to be looked after, and the appellant needs to come out to make arrangement for them. 5. Considering the above facts, the appellant is hereby released on short-term bail for a period of one month, subject the following conditions:- (a) In case, the appellant has a passport, he shall surrender it with the court concerned and if he is not having one, he shall swear an affidavit to this effect before the trial court within a week from the date of his release from jail. (b) It is further made clear that considering the nature of offence, the appellant shall be released on short-term bail with the two sureties out of which at least one will be of close blood relatives, which should be either son, brother or wife of the appellant to the satisfaction of court concerned, in addition to the personal bond of the appellant. 6. Subject to the above conditions, the appellant is hereby released on short-term bail for a period of one month. He shall surrender on or before 16.06.2017 before the court concerned. List before this Court on 19.06.2017. 7. Let the appellant be enlarged on short-term bail for a period of one month in the aforesaid crime on his executing a personal bond and two reliable sureties to the satisfaction of the court concerned, referred above.