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Judgment
8 paragraphs · 358 wordsManoj Kumar Garg, J
The present interim bail application has been filed by the petitioner on the ground of death of his mother Hagami on 21.09.2023.
Petitioner’s son is present in Court and submits that the mother of the petitioner has expired on 21.09.2023 and being son, the presence of the petitioner is very much essential. In such circumstances, it is prayed that the petitioner may be released on interim bail.
Learned Public Prosecutor has verified the fact of death of petitioner’s mother but he opposed the prayer for interim bail as the petitioner had committed offence under NDPS Act.
Taking into consideration the facts that the mother of the petitioner has expired on 21.09.2023 and being son, presence of the present petitioner is very much essential to perform last rites and rituals, I deem it just and proper to grant him interim bail for a period of thirty days.
Accordingly, the interim bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that the petitioner Bhagwanlal S/o Bherulal Teli arrested in connection with FIR No.15/2022, P.S. Paroli, District Bhilwara for offences under Sections 8/15, 8/18 of NDPS Act, be released on interim bail for a period of thirty days subject to the condition that he shall deposit a sum of Rs.1 lakh before the trial court and provided he furnishes a personal bond in a sum of Rs.4,00,000/- with two sound and solvent sureties in the sum of Rs.2,00,000/- each to the satisfaction of learned trial court for his surrender on completion of thirty days period from the date of his release. One surety should be furnished by a close relative of petitioner.
If the petitioner surrenders within the stipulated period before the concerned Jail, then the amount of Rs.1 lakh so deposited before the trial court shall be refunded back to him and if the petitioner fails to surrender within the stipulated period, then the amount so deposited shall be forfeited immediately.
Let this bail application be again listed on 09.11.2023, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall be required to submit the compliance of this order.