Ravindra Maithani, J.

(Oral)

1. The instant appeal has been preferred against the judgment and order dated 22.09.2022, passed in Special Sessions Trial No. 16 of 2014, State of Uttarakhand Vs. Pradeep, by the court of 2nd Additional District and Sessions Judge/Special Judge (NDPS Act), Nainital. By it, the appellant has been convicted under Section 8/20 (b) (ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and sentenced accordingly. The appellant seeks bail during pendency of this appeal.

2. Heard learned counsel for the parties and perused the record.

3. The First Bail Application and Second Bail Application of the appellant were rejected on 28.02.2023 and 12.07.2024 respectively.

4. It is argued that the co-accused-Ravindra Singh, having similar role, has already been granted bail on 11.02.2026, post rejection of the bail application of the present appellant.

5. Learned State counsel admits this fact.

6. Having considered, this Court is of the view that this is the case in which the execution of sentence should be suspended and the appellant be enlarged on bail.

7. The bail application is allowed.

8. The execution of sentence appealed against is suspended during the pendency of the appeal.

9. 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.

10. List in due course.