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Judgment
6 paragraphs · 332 wordsSushil Kukreja, J
By way of the instant petition filed under Section 439 of the Code of Criminal Procedure, the petitioner is seeking interim bail in case FIR No. 53/2022, dated 06.07.2022, registered at Police Station Shillai, District Sirmour, H.P., under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The petitioner is seeking interim bail on the ground that his father has died on 24.01.2023 and now on 05.02.2023 there is Dharamshanti/Tehrwin of his father and it is necessary for him to attend the ritual as per Hindu Custom. Therefore, it is prayed that the petitioner be enlarged on interim bail.
Keeping in view the facts and circumstances of the case, learned Advocate General states that no reply/response is required to be filed by the respondent/State.
Since, Dharamshanti/Tehrwin of the father of petitioner is fixed for 05.02.2023 and the petitioner has to perform various rituals, his presence in the Dharamshanti/Tehrwin is necessary. In these circumstances, on humanitarian grounds, the instant petition is allowed and the petitioner is ordered to be released on interim bail on his furnishing personal bond to the tune of Rs. 1,00,000/-(Rupees one lac) with two sureties of the like amount to the satisfaction of the Jail Superintendent, Model Central Jail, Nahan, District Sirmour, H.P., w.e.f. 04.02.2023 to 07.02.2023. In the event of the bail bonds being furnished by the petitioner alongwith two sureties of the like amount, he be released on bail forthwith by taking on record his undertaking that he shall surrender himself before the Jail Superintendent concerned, i.e. Model Central Jail, Nahan on 08.02.2023. It is made clear that the above interim bail has been granted to the petitioner on humanitarian grounds only.
Learned counsel for the petitioner is permitted to produce copy of order downloaded from the High Court website before the concerned authority, who shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.