Mushtak Ali vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in FIR No.166 of 2023, under Section 8/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Pulbhatta, District Udham Singh Nagar. He has sought his release on bail.

Heard learned counsel for the parties and perused the record.

According to the FIR, on 10.08.2023, 537 gm smack was recovered from the possession of the applicant.

Learned counsel for the applicant would submit that the applicant is a heart patient; he is in critical condition; he had suffered two heart attacks in jail. He has been admitted to the AIIMS, Rishikesh. Unfortunately, if he suffers another attack it may be fatal to him. Certain documents have been brought on record.

Learned State Counsel admits that the applicant is unwell. According to her, the applicant has been advised for a surgical procedure of heart.

At this stage, learned counsel for the applicant would submit that instant bail application may be treated as a short term bail application.

Without adverting to the merit purely on humanitarian grounds, this Court is of the view that in order to provide proper medical treatment, the applicant may be enlarged on short term bail for 12 weeks’ from the date of his release.

Accordingly, the applicant shall be enlarged on short term bail for a period of 12 weeks from the date of his release, subject to his furnishing a personal bond and two reliable sureties, each of the like amount, to the satisfaction of the court concerned.

After expiry of the aforesaid period of short term bail, the applicant shall surrender before the court concerned and an information to this effect shall be forwarded to this Court.

The bail application stands disposed of accordingly.