Mohd Maqbool Mir vs Ut Of Jammu And Kashmir

This application has been filed by the applicant/petitioner seeking to place on record document showing the date given by the Doctors of SKIMS

Srinagar for the heart surgery of his daughter.

For the reasons stated in the application, the same is allowed.

The application is disposed of.

1 Through the medium of instant application, the petitioner has sought interim bail in the criminal challan titled 'State vs. Waseem Ahmed and ors' for

offences under Sections 8/21/22/60 of NDPS Act, which is pending disposal before the Court of learned 1st Additional Sessions Judge, Jammu

(hereinafter referred to as the 'trial Court').

2 It is the case of the petitioner that he is facing trial in a police challan for the aforesaid offences and is behind bars since 2016. It is further averred

that the daughter of the petitioner is suffering from ventricular septal defect i.e. heart defect and the Doctors have advised surgery for its treatment. It

is also averred that the petitioner has three children out of whom the eldest is aged 20 years, but he is handicapped and that there is no other male

member in his family to look after his ailing daughter. According to the petitioner, it is he only, who has to make arrangements for surgery of his ailing

daughter. The petitioner has proceeded to contend that he had approached the learned trial Court i.e. the Court of learned Additional Sessions Judge,

Jammu, but his application for grant of interim bail was rejected by the said Court on 10.03.2020.

3 The respondent has resisted the application of the petitioner on the ground that the petitioner is involved in a heinous offence. It has been contended

that at least on two previous occasions, petitioner has been enlarged on interim bail on similar grounds and that it has become a routine for the

petitioner to seek interim bail for one or the other reason.

4 I have heard learned counsel for the parties and perused the record of the case.

5 As per the prosecution case, on 15.10.2016, 2 kgs of cocaine was recovered from the possession of the petitioner and other co-accused.

Accordingly, the police registered FIR and after investigation of the case, presented the challan for offences under Sections 8/21/22/60 of NDPS Act

before the learned trial Court on 30.12.2018.

6 It appears that the petitioner had approached the learned trial Court for grant of interim bail on the ground that his daughter had to undergo surgery,

but the same did not find favour with the learned trial Court and the application was rejected vide order dated 10.03.2020.

7 A perusal of the order passed by the trial Court reveals that the request for grant of interim bail to the petitioner has been denied primarily on the

ground that he is involved in a heinous offence and that if he is enlarged on bail, it will have an adverse impact on the society.

8 In the instant case, the petitioner is not seeking bail on merits, but he is seeking bail on the ground that his daughter has to undergo heart surgery and

for this purpose, he needs to be by her side so that all the arrangements regarding surgery of his daughter are put in place, particularly because there is

no other male member in his family who can take up this responsibility. The petitioner has placed on record a copy of OPD ticket issued by the

SKIMS, Srinagar along with the aforesaid application. From a perusal of the same, it is revealed that the surgery of her daughter has been fixed on

06.01.2021.

9 The respondent has not brought on record anything to dispute this document. It has also not denied the assertion of the petitioner that his daughter

has to undergo heart surgery.

10 So far as the contention of learned counsel for the respondent that petitioner is in the habit of seeking interim bail on different grounds, is

concerned, the same appears to be specious because on both the earlier occasions, temporary bail was granted to the petitioner for justified reasons.

Once on account of ailment of his wife and thereafter, on account of death of his brother. The fact that petitioner surrendered before the Jail

Authorities upon expiry of term of his bail on both occasions shows that he has strictly abided by the bail conditions.

11 Having regard to the aforesaid facts, particularly the fact that the petitioner's daughter is suffering from ventricular septal defect coupled with the

fact that there is no other male member in the family of the petitioner to make arrangements for the surgery of his daughter, a case for grant of

interim bail to the petitioner is made out.

12 Accordingly, the petition is allowed and it is directed that the petitioner be enlarged on interim bail for a period of 15 days w.e.f 01.01.2021 to

15.01.2021 subject to the following conditions:

(i) That he shall furnish a bail bond with one local surety in the amount of Rs.1.00 lac to the satisfaction of the learned trial Court;

(ii) That the petitioner shall not leave the limits of UT of Jammu and Kashmir without the permission of the learned trial Court;

(iii) That the petitioner shall not tamper with the prosecution witnesses;

(iv) That the petitioner shall surrender before the concerned Jail on 16.01.2021 and the In-charge of the said Jail shall send an intimation in this regard

to the trial Court.

(v) That in case the petitioner fails to comply with any of the aforesaid conditions, the learned trial Court shall be at liberty to proceed against him in

accordance with the law.

The petition stands disposed of accordingly.