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Judgment
Vivek Singh Thakur, J
Petitioner being an accused in case FIR No.17 of 2021 dated 05.03.2021, registered in Police Station Swarghat, District Bilaspur, H.P., under
Sections 18 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as the ‘NDPS Act’), is in judicial
custody. Petitioner’s brother-in-law (Jeeja) Ballu Ram has expired issueless and petitioner-accused is father of two daughters and a son. His elder
daughter is married and the younger one is a minor and the son is though adult, but is also physically disabled to the extent of 60% and is not able to
perform last rites and rituals of his Uncle (Jeeja of the petitioner).
Petitioner had approached learned Special Judge, Ghumarwin, District Bilaspur, seeking interim bail till 17.08.2021. Considering entire facts and
circumstances petitioner has been enlarged on interim bail till 11.08.2021 by learned Special Judge, vide order dated 04.08.2021, passed in Application
No.47/22 of 2021, titled as Ram Nath vs. State of Himachal Pradesh, subject to conditions imposed upon him in para 12 of the said order.
It is submitted on behalf of the petitioner that the last rites of the deceased, as per customs, have been fixed on 15.08.2021 in the village of
deceased i.e. Village Chikna, Post Office Massewal, Tehsil Anandpur Sahib, District Rupnagar, Punjab at 1.00 p.m. Whereas, petitioner has been
enlarged on interim bail till 11.08.2021 and as such petitioner has to surrender on 11.08.2021 and in that eventuality he would not be able to perform
last rites of his deceased Jeeja and, therefore, prayer for extension of interim bail up to 17.08.2021 has been made.
Copy of public notice publishing the date 15.08.2021 fixed for last rites and rituals of the deceased and copy of disability certificate indicating 60%
disability of son of the petitioner have also been placed on record.
It is submitted by learned counsel for the petitioner that though petitioner has also preferred a petition for enlarging him on regular bail in the month
of May 2021 bearing Cr.M.P.(M) No.833 of 2021, which is pending consideration in this Court and has been fixed for consideration on 13.08.2021,
however, in the meanwhile, brother-in-law of the petitioner expired on 01.08.2021 and, therefore, he preferred the bail petition for interim bail before
learned Special Judge
Considering entire facts and circumstances, interim bail granted to the petitioner by learned Special Judge, Ghurmarwin, District Bilaspur, H.P., vide
order dated 04.08.2021, passed in Application No.47/22 of 2021, titled as Ram Nath vs. State of Himachal Pradesh, is extended up to 16.08.2021 on
the same terms and conditions as imposed by learned Special Judge with direction to the petitioner to surrender without fail in the Court of learned
Special Judge, at or before 2.00 p.m. on 16.08.2021 at Ghumarwin or at Bilaspur wherever learned Special Judge would be available on that day.
Petition is disposed of in aforesaid terms.
Copy dasti.
Petitioner is permitted to produce a copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the
authorities concerned, and the said authorities shall not insist for production of a certified copy but if required, may verify it from Website of the High
Court.