Indra Sharma Alias Indra Mohan Sharma vs State Of Uttarakhand And Another

Alok Kumar Verma, J

Proposed revisionist was convicted for the offence under Section 8 read with Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985. He was sentenced to undergo rigorous imprisonment for a period of four months with a fine of Rs.5,000/-. Revisionist had filed a Criminal Appeal (No.62 of 2022). The said Appeal has been dismissed vide judgment dated 22.05.2023, passed by learned IInd Additional District and Sessions Judge, Nainital. Hence, the proposed Criminal Revision.

Dismissing the said Appeal, the Appellate Court has directed the revisionist to surrender before the Court concerned on 06.06.2023. The present Revision has been filed on 05.06.2023. An exemption application has been filed by the revisionist for exemption from surrender. Learned counsel for the revisionist has relied upon an order dated 26.05.2023, passed by Division Bench of this Court in Writ Petition (M/B No.84 of 2023).

Under the said circumstances, Exemption Application is allowed.

Admit.

List on 18.10.2023.

Heard on the Bail Application (IA No.01 of 2023).

Revisionist was on bail during the trial and the conditions of the bail were neither violated nor misused by the revisionist.

Having considered the submissions of learned counsel for both the parties and in the facts and circumstances of the case, this Court is of the view that the revisionist deserves bail at this stage.

The Bail Application (IA No.01 of 2023) is allowed.

Let the revisionist – Indra Sharma Alias Indra Mohan Sharma be released on bail on his executing a personal bond and furnishing two reliable sureties, each in the like amount, to the satisfaction of the Court concerned.