Sanjay Kumar vs State Of Himachal Pradesh

Anoop Chitkara, J

Mr. Servedaman Rathore, learned counsel for the petitioner states that the petitioner, who is under incarceration, in FIR No.50/2020 dated

16.4.2020 registered under Sections 21 and 29 of Narcotic Drugs and Psychotropic Substance Act at Police Station, Paonta Sahib, District Sirmaur,

for possessing commercial quantity, has come up before this Court seeking regular bail on the ground that his son aged 15 years has expired on

29.11.2020.

Mr. Amit Dhumal, learned Deputy Advocate General states that on merits, this matter was previously dealt with in detail by a Co-ordinate Bench of

this Court and as such, it has to be posted before the same Court.

Without going into the details, I am of the considered opinion that this petition can be disposed of by granting interim bail to the petitioner for a

period of 21 days. Mr. Amit Dhumal, learned Deputy Advocate General has no serious objection keeping in view the tragedy, with which the

petitioner has suffered.

Given above, the petitioner be released on interim bail for around three weeks on furnishing personal bond to a sum of Rs.1,00,000/- (Rs.One lac

only) before the learned Sessions Judge/Additional Sessions Judge, Sirmour at Nahan. It is clarified that the petitioner shall surrender before the

concerned jail on or before 28.12.2020 by 4.00 p.m. In case the petitioner fails to surrender, then it shall be a factor to be taken into consideration for

deciding his future bail applications, if any.

Given the urgency of the petition, there is no need to apply for the certified copy of this order. Any Advocate on behalf of the petitioner can

download the same from the webpage of this High Court and attest the same to be a true copy, which shall serve all purposes for furnishing the

requisite bail bonds.

Given above, the petition is allowed to the aforesaid terms. All pending applications, if any, stand closed.