Sanjay Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

The petitioner is a co-accused in FIR No. 50/2020, dated 16.4.2020, registered under Sections 21 and 29 of Narcotic Psychotropic Substances Act at Police Station, Paonta Sahib, District Sirmour, H.P. Prayer of the petitioner for release on regular bail made in Cr.MP(M) No. 1392 of 2020 was rejected by this Court on 2.9.2020.

Instant petition has been instituted by the petitioner for release on short term bail. Learned Counsel for the petitioner has restricted his arguments only in respect of serious medical condition of petitioner's minor son. It has been mentioned in the petition, supported by the medical documents, that minor son of the petitioner named Ronak Thakur, aged about 15 years, is suffering from leukemia (blood Cancer) and had been undergoing treatment in the Post Graduate Institute of Medical Education and Research, Chandigarh. Learned Counsel submitted that petitioner's son is in critical condition and petitioner's family is in dire need of finances, which need to be taken care of by the petitioner. The status report filed by the respondent also acknowledges this fact. In fact alongwith the status report the respondent has also placed on record medical documents concerning the treatment of the minor child of the petitioner, which show that the child was admitted in PGI, Chandigarh for treatment on account of blood cancer on 13.6.2020 and discharged on 16.6.2020. From 26.9.2020 to 29.9.2020, also the child remained under treatment at PGI, Chandigarh. Minor child of the petitioner is suffering from serious ailment and is stated to be in critical condition, which fact is acknowledged in the status report. Therefore, on these humanitarian grounds, the petitioner is ordered to be enlarged on short term bail for a period of four weeks on his furnishing personal bond in the sum of  Rs.75,000/- with one local surety in the like amount to the satisfaction of learned trial Court subject to the following conditions:-

(i) Petitioner shall surrender himself before learned trial Court after the expiry of four weeks i.e. on 11.11.2020.

(ii)During the period of interim bail, petitioner shall not indulge himself in any criminal activities.

(iii) Petitioner will not leave India without prior permission of the Court.

(iv) Petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer or any person acquainted with the facts of the case to dissuade him/her from disclosing such facts to the Court or any Police Officer.

(v) Petitioner shall not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses.

(vi) Petitioner shall present himself before the investigating officer in Police Station, Paonta Sahib, District Sirmour once in a week.

In case of violation of any of the terms & conditions of the interim bail, respondent-State shall be at liberty to move appropriate application for cancellation of the bail. It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter.

With the aforesaid observations, the present petition stands disposed of.

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