Dharam Pal vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

FIR No. 348 of 2020, dated 09.11.2020 was registered against the petitioner under Sections 20 and 29 of Narcotic Drug and Psychotropic Substances Act, at Police Station Nalagarh, District Solan, H.P. He was arrested on 15.11.2020. By way of present petition, prayer has been made for granting interim bail to the petitioner for a period of six weeks.

Allegation in the FIR registered against the petitioner is with respect to his possessing commercial quantity of contraband.

Interim bail for a limited period has been prayed on the ground that the petitioner’s son Harpal Singh, aged 14 years, is suffering from serious eye problems. He had suffered injuries after falling off a motorcycle and at present he is under treatment at PGI Chandigarh. He was advised to undergo a major eye surgery by the doctors. His such eye surgery is scheduled on 23.11.2022. Learned counsel for the petitioner pressed upon granting interim bail to the petitioner on account of medical condition faced by petitioner’s son and his impending surgery scheduled on 23.11.2022.

Learned counsel for the petitioner submitted that the petitioner is the sole male member in his family, who can arrange for finances and look after his son during his medical treatment. Learned counsel for the petitioner further submitted that the petitioner will not jump the bail and will abide by the conditions of the bail order. Learned counsel for the petitioner also stated that petitioner undertakes to be present before learned Trail court on 26. 11.2022 i.e. next date of trial. Learned counsel highlighted that but for one criminal case registered against the petitioner under the provisions of The Excise Act in the year 2020, there is no other criminal track record of the petitioner. It was also submitted that the said matter was disposed of by imposing fine on the petitioner.

Learned Assistant Advocate General resisted the bail petition and submitted that in case the Court is inclined to grant interim bail to the petitioner, the same be made subject to stringent conditions. It was also prayed that petitioner be directed to attend the trial scheduled on 26.11.2022 before learned Trial Court.

Upon notice, having been issued to the respondent on 18. 11.2022, status report has been filed. It has been confirmed in the status report that petitioner’s son’s eye surgery has been scheduled on 23.11.2022 at PGI Chandigarh. According to the status report, father of the petitioner is 72 years old. Petitioner’s two other brothers are living separately with their families. Respondent in the status report has not denied the fact that eye surgery upon petitioner’s son is scheduled for 23.11.2022 at PGI Chandigarh. The status report also mentions that brothers of the petitioner are living separately with their own families. It has also come in the report that petitioner has two minor children aged 16 and 14 years respectively.

In view of the nature of medical problem being faced by the petitioner’s son as admitted by the respondent in the status report, the fact that a major eye surgery is scheduled to be performed on petitioner’s son on 23.11.2022 at PGI Chandigarh and in view of the fact that petitioner is the only male member in the family, who can look after his son, the petitioner has made out a case for his enlargement on interim bail for a limited period.

Petitioner is a local resident. But for one criminal case under the Excise Act which stands disposed of, no other previous criminal history of the petitioner has been mentioned in the status report.

Accordingly, the petition is allowed. The petitioner is ordered to be released on interim bail in the above mentioned FIR subject to his furnishing personal bond in the sum of Rs.1,00,000/- with two local sureties in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned.

Petitioner shall surrender before the concerned jail authorities on 05.12.20222 by 2:00 p.m. The bail is being granted subject to following conditions: -

(i) The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

(ii) The petitioner will not leave India without prior permission of the Court.

(iii) The 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.

(iv) The petitioner shall attend the trial on 26.11.2022 before the learned Additional Sessions Judge, Nalagarh, District Solan, H.P.

(v) Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

(vi) The petitioner shall surrender himself before the concerned jail authorities on 05.12.2022 by 2:00 p.m.

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.

With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.