Raju Ram vs State Of Rajasthan

Manoj Kumar Garg, J

The petitioner has been arrested in connection with FIR No.77/2020 of Police Station Nikumbh, District Chittorgarh, for the offence punishable under Section 8/15 of NDPS Act. He has preferred this third bail application under Section 439 Cr.P.C. Earlier bail application was dismissed by this Court on 16.11.2022.

Learned counsel for the petitioner submits that the petitioner is suffering from Cancer disease and the chemotherapy of the petitioner is going on. Counsel further submits that if the regular bail is not granted to the petitioner then interim bail for a period of thirty days may be granted to the petitioner. The accused-petitioner is in judicial custody and the trial of the case will take sufficient long time to be concluded. Therefore, the benefit of interim bail for a period of thirty days should be granted to the accused-petitioner.

Learned Addl. Govt. Advocate submits a report receiving from the concerned medical department, in which it is clearly mentioned that the petitioner is suffering from Nasopharangeal Carcinoma and the treatment of the petitioner is going on at AIIMS, Jodhpur.

Considering the fact that the petitioner is suffering from cancer disease and the treatment of the petitioner is still going on at AIIMS, Jodhpur, I deem it just and proper to grant him interim bail for a period of thirty days.

Accordingly, the present bail application (Interim bail) filed under Sec.439 Cr.P.C. is allowed and it is directed that the petitioner Raju Ram S/o Shri Mangi Lal Jat arrested in connection with FIR No.77/2020 lodged at Police Station Nikumbh, District Chittorgarh, for offences under Section 8/15 of NDPS Act, be released on interim bail for a period of thirty days from today, subject to the condition that he shall deposit an amount of Rs.4,00,000 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.

If the petitioner surrenders within the stipulated period before the concerned Jail, then the amount 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 03.01.2024 and on that date, learned Public Prosecutor and learned counsel for the petitioner shall be required to submit the compliance of this order.