YASH PAUL AND ANR. Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of instant miscellaneous petition, applicants/appellants seek grant of bail on the ground that although the appeal stands admitted by this Court but no response to the MP No.45/2011 seeking suspension of sentence and grant of bail has been filed by the State till date.

(2.) It is submitted that the applicants were arrested on 21st February, 2010 and throughout the trial, they remained in custody and were never released on bail. As such, the applicants have been behind the bars for more than six years. As per the latest amendment in the Criminal Procedure Code, a right has accrued to the applicants in the shape of bail as they have spent more than half of the sentence behind the bars. It is also submitted that keeping in view the pendency of huge number of cases, there is no possibility of the appeal being finally heard in near future. Applicants seeks grant of bail on the conditions whatever this Court deems fit in the facts and circumstances of present case.

(3.) Objections stand filed on behalf of the State stating therein that a strong prima facie case is made out against the applicants. It is stated that the applicants have been convicted under Section 8/21/23 NDPS Act having in possession of commercial quantity of Diacetyl-Morphine (Heroin). The offence is against the ethics of the society and heinous in nature and also the growing menace of drug trafficking in the society needs a check by putting a strong hand, as such, the applicants have no right to seek bail. Learned State Counsel, therefore, prays for dismissal of the bail application moved by the applicants.