Harvinder Singh vs Union Territory Of J&K
2023 Latest Caselaw 900 j&K

                                                                      Sr. No.29

       HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                       AT JAMMU

                                                CrlM No.460/2023 in
                                                CrlA(D) No.37/2022

Harvinder Singh                                     ..... Appellant(s)/Petitioner(s)

                       Through: Mr. Anil Sethi, Advocate

                  Vs

Union Territory of J&K                                         ..... Respondent(s)

                       Through: Mr. R. S. Jamwal, AAG

Coram: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
       HON'BLE MR. JUSTICE PUNEET GUPTA, JUDGE

                                   ORDER

09.05.2023

CrlM No.460/2023

1. The applicant seeks interim bail on the ground that his real brother

namely Kamaljeet Singh is to undergo spine surgery. The applicant has

annexed certificates dated 16.03.2023 and 08.04.20203 from Life Kare

Hospital, Amritsar in support of his submission made in the application. The

applicant has also submitted that the parents of the applicant have already

expired and he is to take care of his brother. Learned AAG has filed

response from SHO Police Station, Chenani wherein the submission of the

applicant about the need for surgery of the brother of the applicant has been

verified. The response is taken on record.

2. The applicant has preferred appeal against the judgment/order dated

08.07.2022, passed by learned Additional Session Judge, Udhampur,

whereby the applicant has been convicted for commission of offence under

Section 8(c)/21(c) NDPS Act and 8/15 (b) NDPS Act read with 179 MV Act

and sentenced to undergo rigorous imprisonment for fifteen (15) years and

also directed to pay fine as mentioned in the judgment/order. The applicant

was held guilty in the challan arising out of FIR No.58/2017 registered with

Police Station, Chenani.

3. Keeping in view the aforesaid facts and circumstance, the court grants

interim bail to the applicant-Harvinder Singh subject to furnishing of

personal bond and surety to the tune of Rs.50000/- each to the satisfaction of

the Registrar Judicial of this Court. The applicant shall provide full

particulars of his intended place of stay during the bail period and the mobile

number to the jail authorities. The applicant shall not proceed to any other

city except where the brother of the applicant is to undergo surgery for spine.

The applicant shall surrender before the jail authorities on 01.06.2023.

4. The CrlM No.460/2023 stands disposed of.

Jammu                    (Puneet Gupta)                   (Tashi Rabstan)
09.05.2023                      Judge                        Judge
Shammi