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Judgment
9 paragraphs · 355 words@JUDGEMENT- JUDGEMENT
Manoj Kumar Garg, J
The present interim bail application has been filed by the petitioner on the ground of ailment of his wife.
Learned counsel for the petitioner submits that the wife of the petitioner is suffering from Spinal Tuberculosis and she has been referred to Neurosurgeon for possible spine surgery. Since it is a critical and an emergency situation which requires surgical intervention, therefore it is prayed in the application that he may be released on interim bail for a period of one month.
Learned Public Prosecutor has verified the fact of ailment of the wife of the petitioner but opposed the prayer for interim bail.
Taking into consideration the fact that the wife of the petitioner is suffering from serious ailment in her spinal cord and the presence of the petitioner is very much essential, 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 petitioner Bheru Lal S/o Shanker Lal Jat arrested in connection with FIR No.124/2023, P.S. Mandafia, District Chittorgarh for offences under Sections 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.5 Lakhs 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.
If the petitioner surrenders within the stipulated period before the concerned Jail, then the amount of Rs.5 Lakhs so deposited before the trial Court shall be refunded to him and if the petitioner fails to surrender within the stipulated period, then the amount so deposited by the petitioner shall be forfeited immediately.
Let this bail application be again listed on 27.03.2024, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall be required to submit the compliance of this order.