Sharwan Kumar vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Notice. Mr. Y.P.S. Dhaulta, learned Additional Advocate General, appears and waives service of notice on behalf of the respondent.

The petitioner has prayed for grant of regular bail in FIR No.15/2021 dated 07.02.2021 registered under Section 20 of the Narcotics Drugs and Psychotropic Substances Act at Police Station Padhar, District Mandi, H.P.

Respondent has filed the status report and also produced the record.

In terms of the status report, 2.770 kg cannabis was recovered from the conscious possession of the petitioner on 07.02.2021, which led to registration of the aforesaid FIR.

At this stage, learned proxy counsel for the petitioner submitted that he is under instructions to state that Sh. Ram Singh, father of the bail petitioner, expired today morning at around 7.30 A.M. The petitioner is the only son of his parents. His presence, therefore, is necessary for performing last rites of his father and also to lend support to grief stricken family. In view of this, learned proxy counsel for the petitioner also submitted that he is under instructions to confine the prayer made in the instant petition only for the grant of interim bail for the aforesaid purpose. Learned proxy counsel, accordingly, prayed for enlarging the petitioner on interim bail for a period of 15 days.

On receipt of above information, learned Additional Advocate General, got confirmed the factum of death of father of the petitioner through Sh. ASI Pawan Kumar, who is present today alongwith the record. Death of Sh. Ram Singh at Doctor Rajendra Prasad Government Medical College Tanda at Kangra, in the earlier hours today, was confirmed by the officer present today. It has further been submitted that the last rites of petitioner’s father are to be performed at his native village Gadgaon, P.O. Thaltukhod, Sub Tehsil Tikkan, Tehsil Padhar, District Mandi.

Since the petitioner has confined his prayer in the instant petition only for the grant of interim bail and taking note of the admitted fact of death of petitioner’s father today as well as petitioner being the only son of his parents, a case for petitioner’s enlargement on interim bail for a period of 15 days has been made out. Accordingly, the present petition is allowed. The petitioner is ordered to be released on interim bail in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.1,00,000/- with one local surety in the like amount to the satisfaction of the Jail Superintendent, District Jail Kaithu, Shimla. Petitioner shall surrender before the concerned Jail Authorities on 05.08.2023 by 4:00 P.M. The bail is being granted subject to the following conditions:-

(I) The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever. (ii). The petitioner will not leave India without prior permission of the Court.

(iii). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer, complainant 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.

(iv). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail. Any change in the same shall also be communicated promptly. Petitioner shall furnish details of his Aadhar Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any, to the Station House Officer.

(v). Petitioner shall surrender himself before the concerned jail authorities on 05.08.2023 by 4:00 P.M. Authenticated copy of this order be supplied to learned counsel for the parties.