Sharif Ali vs State Of Himachal Pradesh

Anoop Chitkara, J

This petition coming on for orders this day, the Court passed the following:

FIR No.

Dated

Police Station

Sections

62/2021

31.5.2021

Paonta Sahib, District Sirmaur

20 & 29-61-85 ND & PS Act

An under-trial prisoner, who is facing trial for possessing commercial quantity of 'Ganja', has come up before this Court under Section 439 of the Code of Criminal Procedure, 1973 (CrPC), seeking interim bail, to get himself medically checked up.

In Para 10 of the bail application, the petitioner declares having no criminal history.

Paragraph 3 of the petition reads as follows:

"3. That the present petitioner was suffering with some tumor in his mouth and he was under gone treatment at Dental Collage at Paonta Sahib and after his arrest during his regular medical treatment in Y.S. Parmar Hospital at Nahan, the Doctors detected tumor/cancer in his mouth and subsequently petitioner was referred for cancer treatment in IGMC at Shimla. The petitioner has become extremely frail due to his ill health and his condition is getting deteriorated by every passing day. It is humbly submitted that the prison has neither any permanent Medical Officer nor any facility to take care of the prisoners suffering from serious ailments. It is further submitted that the prison has no independent vehicle and they are facing great difficulty in getting the petitioner treated from IGMC, Shimla. On 01.09.2021, the petitioner was sent to the IGMC Hospital and then he was returned to the prison on same day. However, on 03.09.2021 his condition became extremely unwell. The petitioner has became so much frail that he cannot stand on his own legs and that he is not even eating food and is being given juice etc. The copy of Medical slip is being annexed herewith as Annexure P-1, for the kind perusal of this Hon'ble Court."

Mr. Nand Lal Thakur, learned Additional Advocate General submits that in case this Court grants interim bail to the petitioner then the Court must specify the date on which the petitioner would surrender.

In the facts and circumstances peculiar to this case, the petitioner makes out a case for release on bail.

Given the contention that the petitioner is suffering from oral cancer and furthermore that he is apparently not of flight risk, this Court grants him interim bail up to 30th November, 2021, subject to the conditions mentioned below. He shall surrender before the concerned Jail by 30th November 2021 at 11.00 a.m. During the period of interim bail, the petitioner shall keep the phone location/GPS always on the "ON" mode.

The petitioner shall be released on bail in the FIR mentioned above, subject to his furnishing a personal bond for surrendering in jail, for Rs. Twenty-five thousand (INR 25,000/-), to the satisfaction of the Judicial Magistrate having the jurisdiction over the Police Station conducting the investigation, and in case of non-availability, any Ilaqa Magistrate.

This bail is also subject to the condition that at the time of surrender, the petitioner shall hand over photocopy of the entire medical treatment, which he has taken. In case he fails to get himself medically checked up, during the period of interim bail, he shall not be entitled to bail on this ground, in future.

The attesting officer shall, on the reverse page of personal bonds, mention the permanent address of the petitioner along with the phone number(s), WhatsApp number (if any), e-mail (if any), and details of personal bank account(s) (if available).

The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the Police officials, or any other person acquainted with the facts of the case, to dissuade them from disclosing such facts to the Police, or the Court, or to tamper with the evidence.

Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order, in vernacular and if not feasible, in Hindi.

There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order from the official web page of this Court and attest it to be a true copy. In case the attesting officer or the Court wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.

The petition stands allowed in the terms mentioned above.