Himachal Pradesh High Court
_______________________________________________________ vs State Of Hp on 24 November, 2023
Author: Sandeep Sharma
Bench: Sandeep Sharma
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
Cr.MP (M) No. 2868 of 2023
Date of Decision: 24.11.2023
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_______________________________________________________
Rakesh Kumar .......Petitioner
Versus
State of HP ... Respondent
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Coram:
of
Hon'ble Mr. Justice Sandeep Sharma, Judge.
Whether approved for reporting? 1
For the Petitioner : Mr. Subhash Sharma, Advocate.
For the Respondent
rt :
Mr. Ramakant Sharma, Additional
Advocate General.
SI Yashpal PS SV & ACB Bilaspur,
District Bilaspur (HP).
_______________________________________________________
Sandeep Sharma, Judge(oral):
Bail petitioner namely, Rakesh Kumar, who is behind the bars
since 01.09.2022, has approached this Court in the instant proceedings
filed under Section 439 Cr.P.C for grant of regular bail in case FIR No. 4 of
2022, dated 01.09.2022, under Sections 20 & 29 of the Narcotics Drugs &
Psychotropic Substances Act (for short 'Act'), registered at Police Station
SV & ACB Bilaspur, District Bilaspur, Himachal Pradesh.
2. Before adverting to the status report filed in the instant case on
behalf of the respondent/ State in terms of orders dated 10.11.2023 and
20.11.2023, it would be apt to take note of the fact that prior to filing the
petition at hand, petitioner had approached this Court by way of Cr.MP
Whether the reporters of the local papers may be allowed to see the judgment?
(M)No. 2338 of 2023 for grant of interim bail on medical grounds. Earlier
bail petition as detailed above filed by the petitioner was disposed of vide
judgment dated 31.10.2023 reserving liberty to him to file afresh at an
.
appropriate stage. Petitioner now stands operated and he has been advised
rest.
3. Now, petitioner has approached this Court in the instant proceedings
for bail on the ground that he needs post operative care, which cannot be
of
provided in the jail, rather at his home, by his family members.
4. Having taken note of aforesaid plea set up by petitioner, this Court
vide order dated 20.11.2023 specifically called upon Superintendent Jail,
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District & Open Air Jail, Bilaspur to seek opinion from Medical Officer/
Doctors at AIIMS at Bilaspur to the effect that whether it would be advisable
and safe to keep the petitioner in jail after surgical intervention.
5. Pursuant to aforesaid order passed by this Court, learned Deputy
Advocate General has made available communication dated 23.11.2023
issued under the signatures of Superintendent Jail, District & Open Air Jail,
Bilaspur, perusal whereof reveals that pursuant to order dated 20.11.2023,
Jail Superintendent discussed the matter with the doctor, who operated the
petitioner and he has categorically advised that the petitioner requires
stringent clean conditions to avoid infection and it may take 4-6 weeks for
his recovery.
6. Having taken note of aforesaid opinion rendered by the doctor
concerned to the Superintendent jail, in the aforesaid communication,
whereby he has categorically stated that the petitioner may also require
helper or attendant round the clock for his routine care, this Court is of the
opinion that it may not be possible to provide care and support besides
stringent clean conditions to the petitioner in jail, as such, this Court is of the
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view that till the time petitioner fully recovers, it may not be proper and safe
to keep him in jail, rather for that purpose, petitioner is required to be given
proper medical care and attention at his home. Aforesaid communication is
taken on record.
of
7. Though having taken note of the fact that the petitioner is accused of
having committed offences punishable under Sections 20 & 29 of ND & PS
Act, there appears to be no reason for this Court to consider prayer made
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on behalf of the petitioner for grant of regular bail but in view of the medical
condition of the petitioner, he deserves to be enlarged on interim bail for a
period of three months, enabling him to recover.
8. In view of above, present petition is disposed of by directing
Superintendent Jail, District & Open Air Jail, Bilaspur to release the
petitioner on interim bail for a period of three months, which shall start from
28.11.2023 and come to an end on 27.02.2024, subject to petitioner's
furnishing personal bonds in the sum of Rs. 50,000/- with two local sureties
in the like amount each to the satisfaction of learned trial Court/ CJM
concerned. Needless to say after expiry of three months, petitioner would
surrender before the Jail Authorities on 27.02.2024 by 04:00 p.m., failing
which police would be at liberty to take appropriate steps to arrest him
forthwith.
9. Petition disposed of accordingly.
10. A downloaded copy of this order shall suffice for the court concerned
to accept personal bonds/surety bonds from the bail petitioner, authenticity
whereof can be verified from the official website of this Court.
.
(Sandeep Sharma),
Judge
November 24, 2023
(sunil)
of
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