Kajal vs State Of Himachal Pradesh
2021 Latest Caselaw 5877 HP

Citation : 2021 Latest Caselaw 5877 HP
Judgement Date : 24 December, 2021

Himachal Pradesh High Court

Kajal vs State Of Himachal Pradesh on 24 December, 2021

Bench: Jyotsna Rewal Dua

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
            ON THE 24th DAY OF DECEMBER 2021
                           BEFORE




                                                         .
        HON'BLE MS. JUSTICE JYOTSNA REWAL DUA





      CRIMINAL MISC. PETITION (MAIN) No. 2404 OF 2021





        Between:-

        DURGA PRASAD SHARMA,
        S/O LATE SH. PARAM DEV,




        AGED ABOUT 55 R/O VILLAGE AND
        POST OFFICE MARATHU, TEHSIL SADAR,
        DISTRICT MANDI (HP) PRESENTLY
        UNDER JUDICIAL CUSTODY IN DISTRICT AND OPEN

        AIR JAIL BILASPUR (HP), THROUGH HIS DAUGHTER

        KAJAL, W/O MR. DHAVAL TRIVEDI
        R/O 148/1773 KARNAVATI APARTMENT NEAR GREEN
        PARK SOCIETY NARANPURA AHEMEDABAAD (GUJRAT)
        PRESENTLY WORKING AS STAFF NURSE AT FORTIS
        HOSPITAL KANGRA (HP).



                                              .....PETITIONER




       (BY SH. GURMEET BHARDWAJ, ADVOCATE)





       AND

       STATE OF HIMACHAL PRADESH





                                            .....RESPONDENT
         (MR. ASHWANI SHARMA, ADDITIONAL ADVOCATE
         GENERAL AND MR. KUNAL THAKUR,
         DEPUTY ADVOCATE GENERAL, FOR
         THE RESPONDENTS WITH ASI VIRENDER SINGH
         POLICE STATION BAROTIWALA)

      Whether approved for reporting?
    __________________________________________________




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                  This petition coming on for orders this day, the

    Court passed the following:




                                                                .
                               ORDER

Petitioner is in custody w.e.f. 03.11.2020 in relation to

FIR No.394/2020 dated 03.11.2020 registered under Sections 20, 25

and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985

(the Act hereinafter) at Police Station Balh District Mandi, H.P. The

petitioner has been accused of possessing cannabis weighing 3.277

kgs in the aforesaid FIR. By means of present petition filed under

Section 439 of the Code of Criminal Procedure, petitioner has prayed

for grant of interim bail for a period of one month from 26.12.2021 to

25.01.2022.

2. Learned counsel for the petitioner submits that

petitioner's wife died due to cardiac attack on 17.01.2021. Her death

certificate has been placed on record. It has been further submitted

that the first death anniversary of petitioner's wife is to be observed on

06.01.2022. That rituals as per the Hindu rites and customs are to be

performed by the petitioner being husband of the deceased on

6.1.2022. Learned counsel further submitted that the petitioner has

been behind the bars ever since 03.11.2020. His behaviour in jail

towards jail staff and prisoners has been good. It is also submitted

that earlier also the petitioner was granted interim bail for a period of

two weeks' vide judgment dated 01.04.2021 passed in Cr.MP(M)

No.537/2021. That the petitioner had complied with the conditions of

the bail and had surrendered within the outer limit mentioned in the

judgment.

3. In the bail petition, the petitioner has undertaken

not to misuse the liberty in case of grant of interim bail by the Court.

Learned counsel for the petitioner has also submitted that the

petitioner will abide by all the terms and conditions, which may be

imposed upon him in case of grant of interim bail and that he will not

influence the prosecution witnesses or tamper with the prosecution

evidence in any manner.

4. Status report has been filed. Status report does not

dispute that wife of the petitioner had died on 17.01.2021 and her first

death anniversary falls on 06.01.2022. The status report also does not

dispute the submissions noticed in the para (supra).

5. In view of the above submissions and facts as have

come on record, petitioner has made out a case for the grant of

interim bail for a period of one week. Therefore, it will be appropriate

to allow him interim bail w.e.f. 01.01.2022 for a period of one week to

perform his wife's first death anniversary rituals during this period with

direction to surrender by 4.00 P.M on 07.01.2022. Accordingly, the

instant petition is allowed. The petitioner is ordered to be released on

interim bail in the aforesaid FIR on 01.01.2022 on 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 learned trial Court having

jurisdiction over the Police Station concerned, subject to the following

conditions:-

(I). Petitioner shall not temper with the evidence or hamper the investigation in any manner whatsoever;

(ii). 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;

(iii). Petitioner will not leave India.

(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, Mobile number, E-mail address, PAN Card, Bank Account

Number, if any, to the Station House Officer.