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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP(M) No.3249 of 2023
Date of Decision : 24.01.2024
Ramesh …… Petitioner
Versus
State of Himachal Pradesh ……Respondent
Coram:
The Hon’ble Mr. Justice Bipin Chander Negi, Vacation Judge
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Whether approved for reporting?
For the petitioner : Ms. Anita, Advocate, vice Mr. Kulwant Singh Gill,
Advocate.
For the respondent : Mr. Rajan Kahol & Mr. B.C. Verma, Additional
Advocates General and Ms. Seema Sharma,
Deputy Advocate General.
ASI Gian Singh, Police Station, Shillai, District
Sirmour, H.P., is present alongwith record.
Bipin Chander Negi, Vacation Judge (oral)
Prayer in the present petition has been made for release of the
petitioner on interim bail for a period of ten days to enable him to look
after his ailing wife.
2. In FIR No.65 of 2022 dated 07.08.2022, registered under Section
22 of the Narcotic Drugs and Psychotropic Substances Act, at Police
Station, Shillai, District Sirmour, petitioner has been accused of
possessing commercial quantity of contraband.
3. The ground urged for interim bail is that the wife of the petitioner is
suffering from serious ailment like Tuberculosis (TB) and Harnia and as
1 Whether reporters of Local Papers may be allowed to see the judgment?
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per prescription slip she has to be operated for Harnia. Further, it has
been alleged that the wife of the petitioner is a lonely lady with two minor
children at home. Besides the aforesaid, for operating upon the
petitioner’s wife, requisite necessary consent of the petitioner is also
required. The petitioner is anxious and stressed on account of ill-health
of his wife. He wants to make requisite necessary arrangements for
getting his wife treated and it is on these aforesaid grounds that interim
bail is required.
4. In terms of the previous order dated 19.01.2024, status report has
been filed by the respondent/State. The same is taken on record, copy
whereof, has been supplied to learned counsel appearing for the
petitioner. Alongwith the status report so filed, an appropriate Certificate
issued by the Senior Resident, Department of General Surgery, Dr.
YSPGMC Nahan, District Sirmour, H.P., has been appended. As per the
same, surgical intervention for treating Harnia is the only option available.
However, before the wife of the petitioner can be surgically treated,
requisite necessary investigations have to be done.
5. Hence in view of the aforesaid, it is evident that surgery as advised
in terms of Annexure P-1 appended alongwith the petition is the only
recourse available. Other than the aforesaid, there is no one else in the
family of the petitioner who can take care of the ailing wife of the
petitioner. Besides, husband and wife, i.e., petitioner and his wife, there
are only two minor children.
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6. Keeping in view the above facts, I am inclined to grant interim bail
to the petitioner for a period of ten days commencing from 29.01.2024 and
ending on 07.02.2024 by 4:00 p.m. The petition, therefore, is allowed and
the petitioner is ordered to be released on interim bail in the above
mentioned FIR for a period of ten days, subject to his furnishing personal
bond in the sum of Rs.2,00,000/-with one local surety in the like amount to
the satisfaction of the learned trial Court or any Sessions Judge/Additional
Sessions Judge having jurisdiction over the concerned Police Station.
Petitioner shall surrender before the concerned jail on or before
07.02.2024 by 4.00 p.m. The bail is being granted subject to the following
conditions:-
(i) Petitioner shall not tamper with the evidence or
hamper the investigation in any manner whatsoever;
(ii) Petitioner shall not make any inducement, threat or
promise, directly or indirectly, to the Investigating
Officer or any person acquainted with the facts of
the case to dissuade him/her from disclosing such
facts to the Court or any Police Officer;
(iii) Petitioner will not leave India.
(iv) Petitioner shall inform the Station House Officer of
the concerned Police Station about his place of
residence during bail. Any change in the same shall
also be communicated promptly. Petitioner shall
furnish details of his Aadhar Card, Telephone
Number, Mobile number, E-mail address, PAN Card,
Bank Account Number, if any, to the Station House
Officer.
(v) Petitioner shall report at Police Station, Shillai/
Sadar Nahan, District Sirmour every alternate day at
11:00 a.m. during the interim bail period.
(vi) Petitioner shall surrender himself before the
concerned jail authorities after completion of ten
days interim bail and under no circumstances later
than 07.02.2024 by 4.00 p.m.
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7. It is clarified that the interim bail is being granted in the projected
facts of the case and will have no bearing on the merits of the matter.
8. The petition stands disposed of in the above terms, so also the
pending miscellaneous applications, if any.
9. A copy of this order be sent to the Superintendent, Model Central
Jail, Nahan, District Sirmour and the learned trial Court by FASTER.
10. A downloaded copy of this order shall be accepted by the learned
trial Court while accepting the bail bonds from the petitioner and, in case,
the said Court intends to ascertain the veracity of the downloaded copy of
the order presented to it, the same may be ascertained from the official
website of this Court.
( Bipin Chander Negi)
January 24, 2024 Vacation Judge
(KS)
Digitally signed by
VANDNA SHARMA
Date: 2024.01.24
17:48:12 IST