Banti @ Laddu vs State Of Punjab

Anoop Chitkara, J

FIR No.

Dated

Police Station

Section

198

28.08.2022

City Kapurthala, District Kapurthala

21(c) of the NDPS Act

The peoner incarcerated in the FIR caponed abo ve, has come up before this Court under Secon 439 CrPC seeking interim bail on medical grounds as peoner is a paent of Hepais C.

In paragraph 15 of the peon, the peoner men oned his criminal antecedents.

Sr. No.

FIR No

Dated

Police Station

Section

1.

219

30.08.2018

City Kapurthala, District Kapurthala

302, 201, 120-B IPC

While opposing the interim bail, the State does not dispute the factum of the medical condion of the peoner on which the peo ner is seeking interim bail.

Counsel for the peoner contends that the denial of interim bail would cause an irreversible injusce to the peoner and family. H e submits that earlier the peoner was granted interim regular bail vide order dated 19.04.2023 passed by this Court in CRM-16875-2023 in CRM-M-8758-2023 and surrendered yesterday. He further submits that health of the peoner is deteriorang day by day and he is on medicaon ll date, therefore, he be given at least 3 months of interim bail. He further submits that he has no objecon to any stringent condions which this Court might imposed.

Aer carefully analysing the maer, this court i s of the considered opinion that the peoner is entled to the interim bail ll 31. 08.2023 and aer surrendering on 31.08.2023 by 11 a.m., it shall be open for him to file a fresh bail petition under section 439 CrPC on merits.

Without commenng on the case's merits, in the fa cts and circumstances peculiar to this case, and for the reasons menoned above, t he peoner makes a case for limited period interim bail, subject to the following terms and condions, which shall be over and above and irrespecve of the contents o f the form of bail bonds in chapter XXXIII of CrPC, 1973.

Given above, provided the accused is not required in any other case, the peoner shall be released on interim bail in the F IR menoned above, subject to furnishing a personal bond of Rs. Twenty-five thousand (INR 25,000/-) to the sasfacon of the concerned Court/ Judicial Magistr ate having the jurisdicon over the Police Staon conducng the invesgaon, and in cas e of non-availability, any nearest Ilaqa Magistrate/duty Magistrate. Before accepng t he surees, the concerned Court must sasfy that if the accused fails to appear in Court, then such surety is capable of producing the peoner before the Court.

On the reverse page of personal bonds, the aesn g officer shall menon the permanent address of the peoner along with the ph one number linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above parculars, the peoner shall immediately and not later than 30 days from such modificaon, inmate about the change to the concerned Police Staon and the concerned Court.

The peoner shall not influence, browbeat, pressu rize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the police, or the court, or to tamper with the evidence.

Immediately on reaching home/venue, the peoner shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police staon menoned above. The peoner shall always keep the phone locaon/GPS on the “ON” mode. Whenever the Invesgang officer asks to share the locaon, the peoner shall immediately do so. The peoner shall neither clear the locaon history, WhatsApp chats, call logs nor format the phone without permission of the concerned SHO/I.O.

This condion shall connue ll surrender.

Given the nature of the allegaons and the other circumstances peculiar to this case, the peoner shall surrender all weapons, fire arms, ammunion, if any , along with the arms license to the concerned authority within ten days from release from prison and inform the Invesgator about the complia nce. However, subject to the Indian Arms Act, 1959, the peoner shall be entle d to renew and take it back in case of acquial in this case, provided otherwise permis sible in the concerned rules.

Given the nature of the allegaons and the other circumstances peculiar to this case, the peoner shall not enter the property, wo rkplace, and the residence of the vicm and shall also not enter within a radius of o ne-hundred meters from the vicm’s home during the period of this interim bail. This Court is imposing this condion to rule out any aempt by the accused to incapacitate, influ ence, or cause any discomfort to the vicm. Reference be made to Vikram Singh v Cent ral Bureau of Invesgaon, 2018 All SCR (Crl.) 458); and Aparna Bha v. State of Ma dhya Pradesh, 2021 SCC Online SC 230.

Any Advocate for the peoner and the Officer in w hose presence the peoner puts signatures on personal bonds shall explain all condions of this bail order in any language that the peoner understands.

Any observaon made hereinabove is neither an ex pression of opinion on the merits of the case nor shall the trial Court advert to these comments.

The peoner shall surrender in prison from where h e was released, on or before 31.08.2023, by 11 a.m.

There would be no need for a cerfied copy of this o rder for furnishing bonds, and any Advocate for the Peoner can download this ord er along with case status from the official web page of this Court and aest it to be a true copy. In case the aesng officer wants to verify the authencity, such an officer can also verify its authencity and may download and use the downloaded copy for aesng bo nds.

The main petitionis disposed of with liberty to file a fresh aer surrender. The disposal of the present petitionshall not stand in t he way of filing and considering the fresh peon. All pending applicaons, if any, stan d disposed.