JOGINDER SINGH Vs. STATE OF J&K AND ANR

JUDGEMENT

(1.) The applicant-appellant stands convicted and sentenced to undergo rigorous imprisonment for ten years along with fine of Rs.1,50,000/- for the commission of offence punishable under Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the NDPS Act). It is stated that during the period of trial which commenced in the year 2001, the applicant-appellant had remained on bail and was taken into custody on 30.04.2016.

(2.) The basis for grant of bail is the delay in hearing of the main appeal as also the fact that the applicant-appellant was required to attend the wedding ceremony of his brother. It was stated that the applicantappellant had also been granted bail on account of Mundan ceremony of his son which liberty had not been misused by the applicant.

(3.) While the factum of marriage ceremony of the brother of the applicant-appellant is not denied by the learned counsel for the respondent-State, the prayer for grant of bail was resisted on the ground that the applicant-appellant stood convicted for a heinous offence in terms of the provisions of NDPS Act and that no such concession was required to be granted as prayed for. In any manner, it was urged that the presence of the applicant-appellant at the wedding ceremony was not at all imperative and that the same could be solemnized even without the presence of the applicant-appellant.