Himachal Pradesh High Court
Decided On: 10Th November vs State Of H.P on 10 November, 2023
Bench: Virender Singh
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
Cr.M.P(M) No. 2858 of 2023
Decided on: 10th November, 2023
Janinder Singh .......Applicant
Versus
State of H.P. ...Respondent
Coram
The Hon'ble Mr. Justice Virender Singh, Judge.
Whether approved for reporting?1
For the applicant: Ms. Shabnam, Advocate.
For the respondent: Mr. Tejasvi Sharma, Addl. A.G
with Ms. Leena Guleria, Dy.
A.G.
Virender Singh, Judge. (Oral)
By way of present application, under Section 439
of the Code of Criminal Procedure (hereinafter referred to as
'Cr.PC'), applicant-Janinder Singh has sought his release, on
bail, during the pendency of trial, in case FIR No. 72 of 2021,
dated 9th October, 2021, registered with Police Station, New
Shimla District Shimla, H.P., under Sections 21, 25 and 29 of
the Narcotics Drugs and Psychotropic Substances Act
(hereinafter referred to as 'NDPS Act').
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
2. According to the applicant, he was initially
released on bail by the learned trial Court vide order dated
25.10.2021, however, when the case was fixed before the
learned trial Court on 01.11.2022, he has failed to put
appearance, as such, his bail bonds and surety bonds were
ordered to be cancelled and his presence was ordered to be
secured by issuing non bailable warrants.
3. Thereafter, the applicant has filed Cr.MMO No. 81
of 2023, which was decided by this Court vide order dated
20.01.2023 with the following directions:-
1. The applicant shall surrender before the learned
Special Judge/Special Judge(1) or any other
Special Judge, stationed at Shimla, within a period
of 10 days from today, alongwith a copy of this
order.
2. The learned Special Judge/Special Judge(1) or any
other Special Judge, stationed at Shimla, shall
release the applicant on bail, subject to his
furnishing bail bonds in the sum of Rs.50,000/-
with two sureties in the like amount to the
satisfaction of the above named Court, subject to
the following conditions:-
a) He shall regularly attend the trial Court on each and
every date of hearing and if prevented by any reason
to do so, seek exemption from appearance by filing
appropriate application;
b) He shall not tamper with the prosecution evidence in
any manner;
c) He shall not make any inducement, threat or
promises to any person acquainted with the facts of
the case so as to dissuade him/her from disclosing
such facts to the Court or the Police Officer; and
d) He shall not leave the territory of India without the
prior permission of the Court.
4. On 30.05.2022, when the matter was fixed before
the learned trial Court, the applicant could not come present.
He, through his Counsel, has filed application for exemption,
however, the said application was considered and rejected by
the learned trial Court.
5. Thereafter, the presence of the applicant was
secured by issuing non bailable warrants. On 05.09.2023,
the applicant has appeared before the learned trial Court and
explained the reasons for his non-appearance, but his prayer
has not been accepted and he has been remanded to the
judicial custody. Now, the applicant is in judicial custody.
6. The applicant has given the reasons for his non-
appearance before the learned trial Court on 30.05.2023.
7. Considering the fact that the applicant is in
judicial custody from 30.05.2023 and the case is now stated
to be fixed for PWs on 20.11.2023 and 21.11.2023, this Court
is of the view that no purpose would be served by keeping the
applicant in judicial custody, that too, for indefinite period.
8. Consequently, the application is allowed and the
applicant is ordered to be released on bail in case FIR No. 72
of 2021, dated 9th October, 2021, registered with Police
Station New Shimla District Shimla, H.P., under Sections 21,
25 and 29 of NDPS Act, on his furnishing personal bail bond,
in the sum of ₹50,000/-, with two sureties of the like amount,
out of which, one should be local, to the satisfaction of
learned trial Court/CJM/any Judicial Magistrate First Class
stationed at Shimla. This order, however, shall be subject to
the following conditions:
a) He shall make himself available for the purpose of
interrogation, if so required and regularly attend the
trial Court on each and every date of hearing and if
prevented by any reason to do so, seek exemption
from appearance by filing appropriate application;
b) He shall not tamper with the prosecution evidence nor
hamper the investigation of the case in any manner
whatsoever;
c) He shall not make any inducement, threat or
promises to any person acquainted with the facts of
the case so as to dissuade them from disclosing such
facts to the Court or the Police Officer; and
d) He shall not leave the territory of India without the
prior permission of the Court.
9. It is further clarified that the proceedings initiated
by the learned trial Court under Section 446 Cr.P.C are
ordered to be continued, as per law.
10. Any of the observations, made hereinabove, shall
not be taken as an expression of opinion, on the merits of the
case, as these observations, are confined, only, to the disposal
of the present bail application.
11. It is made clear that the respondent-State is at
liberty to move an appropriate application, in case, any of the
bail conditions, is found to be violated by the applicant.
12. The Registry is directed to forward a soft copy of
the bail order to the Superintendent of Jail, District Jail,
Kaithu through e-mail, with a direction to enter the date of
grant of bail in the e-prison software.
13. In case, the applicant is not released within a
period of seven days from the date of grant of bail, the
Superintendent of Jail, District Jail, Kaithu is directed to
inform this fact to the Secretary, DLSA, Shimla. The
Superintendent of Jail, District Jail, Kaithu is further directed
that if the applicant fails to furnish the bail bonds, as per the
order passed by this Court, within a period of one month from
today, then, the said fact be submitted to this Court.
November 10, 2023 ( Virender Singh )
(naveen) Judge
Digitally signed by RAJNI
Date: 2023.11.10 15:36:18 IST
