Sabar Ali vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Notice. Mr. Hemant Vaid, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent. With the

consent of learned counsel for the parties, the bail petition is taken up for disposal.

The petitioner seeks interim bail for attending the marriage of his younger brother. The bail petition has been filed in respect of FIR No. 50/2020

dated 16.04.2020, registered at Police Station Paonta Sahib, District Sirmaur, H.P. under Section 21 of the Narcotic Drugs and Psychotropic

Substances Act. In the aforesaid FIR, the petitioner is accused of possessing commercial quantity of psychotropic substances. Petitioner was arrested

on 16.04.2020 and is lodged at Model Central Jail Nahan, District Sirmaour, H.P.

Alongwith the bail petition, wedding card of marriage of Shri Samir Khan (stated to be younger brother of the petitioner) has been appended. As

per this card, the marriage ceremonies are scheduled to be held from 12.02.2022 to 14.02.2022. As per averments made in the petition, there is no

male member in the petitioner’s family, except his father, for managing the marriage affairs of his younger brother. It has also been submitted that

the petitioner’s father is not keeping good health and he is multiple disabled person, suffering from 57% permanent disability.

Learned Additional Advocate General on the basis of instructions submitted that the respondent has verified about the scheduled marriage of younger

brother of the petitioner and has also verified the fact that a banquet hall for the same as described in the wedding card appended with the petition has

actually been booked by the petitioner’s family.

In the aforesaid background, this petition is disposed of by directing the Superintendent Model Central Jail Nahan, District Sirmour, H.P., to permit

the petitioner to participate in the marriage ceremonies of petitioner’s younger brother, scheduled from 12.02.2022 to 14.02.2022 at Paonta Sahib,

District Sirmour. The petitioner shall be taken in police custody by 4.00 P.M. on 12.02.2022 for the said purpose and he shall be brought back in police

custody latest by 4:00 p.m. on 15.02.2022. The expenses for the same incurred by the Department shall be borne by the petitioner as undertaken by

learned counsel for the petitioner. The same shall be paid by the petitioner within a period of two weeks from the date of demand.

Learned counsel for the petitioner is permitted to produce copy of order downloaded from the High Court website before the Jail Authorities, who

shall not insist for certified copy of the same, however, it may verify the order from the High Court website or otherwise