Sunil Kumar vs State
2022 Latest Caselaw 430 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Interim Bail Application No. 15598/2021

Sunil Kumar S/o Shri Bhairaram, Aged About 31 Years, B/c Vishnoi, R/o Dharniyo Ki Dhani, Fatehsar, Satheran, Police Station Shribalaji, Dist. Nagaur.

(Presently Lodged In Dist. Jail, Nagaur)

----Petitioner Versus State, Through PP

----Respondent

For Petitioner(s) : Mr. M.L. Bishnoi through VC For Respondent(s) : Mr. Mahipal Bishnoi, PP

HON'BLE MR. JUSTICE VINIT KUMAR MATHUR

Judgment

07/01/2022

Lawyers are not physically appearing in the Court in view of

the unprecedented situation being faced by the country due to

pandemic of novel corona virus (COVID-19).

The petitioner has been arrested in connection with F.I.R.

No.64/2017, Police Station Sribalaji, District Nagaur for the

offence punishable under Sections 8/15, 8/18 & 8/29 of the NDPS

Act. He has preferred this interim bail application under Section

439 of Cr.P.C.

Heard learned counsel for the parties. Perused the material

on record.

Learned counsel for the petitioner submits that the

petitioner's father is suffering from mouth cancer and there is

nobody in the family to look after his well being. He, therefore,

(2 of 2) [CRLMB-15598/2021]

prays that the petitioner may be enlarged on interim bail for a

period of 30 days.

The fact of the petitioner's father suffering from mouth

cancer is verified by the learned Public Prosecutor.

Having regard to the totality of the facts and circumstances

of the case, this Court deems it just and proper to grant interim

bail to the petitioner under Section 439 of Cr.P.C. for a period of

30 days from the date of his actual release.

Accordingly, the interim bail application filed under Section

439 of Cr.P.C. is allowed and it is directed that petitioner - Sunil

Kumar S/o Shri Bhairaram shall be released on interim bail for

a period of 30 days from the date of his actual release, provided

he furnishes a personal bond in the sum of Rs.1,00,000/-

(Rupees: One Lac Only) along with two sureties of Rs. 1,00,000/-

(Rupees: One Lac Only) (out of which one of the surety will be of

a close family member) each to the satisfaction of the concerned

Jail Superintendent on usual conditions. He shall surrender back

before the concerned Jail Superintendent after completion of 30

days from the date of his release. The concerned Superintendent

Jail shall give a date of his surrender.

Let this bail application be again listed on 14.02.2022, and

on that date, learned Public Prosecutor and learned counsel for the

petitioner shall submit the compliance of this order.

(VINIT KUMAR MATHUR),J

36-Shahenshah/-

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