Allowed

Bir Singh v. State of Hp

Himachal Pradesh HC2 Dec 2022CRMPM/2430/2022

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh allowed a petition for interim bail in a case under the NDPS Act. The petitioner, suffering from gallbladder stones requiring urgent surgery, was ordered released on interim bail for thirty days subject to furnishing a personal bond and satisfying specific conditions.

What did the court decide?

Petitioner ordered released on interim bail for 30 days with personal bond of Rs. 1,00,000/- and two sureties in like amount.

Bir Singh Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2022)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MP(M) No.2430 of 2022 Decided on: 2^nd December, 2022 ------------------------------------------------------------------------------------- Bir Singh …..Petitioner Versus State of Himachal Pradesh .....Respondent

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Coram

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Ms. Justice Jyotsna Rewal Dua

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Whether approved for reporting?¹

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For the Petitioner: Mr. Nikhil Chugh, Advocate vice Mr. Manoj Pathak, Advocate. For the Respondent: Ms. Ritta Goswami, Additional Advocate General with Mr. R.P. Singh, Deputy Advocate General. SI Neelam Kumar, Police Station Nalagarh, District Solan, H.P.

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Jyotsna Rewal Dua, Judge

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The petitioner is accused in FIR No.40/2021, dated 02.02.2021, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) at Police Station Nalagarh, District Solan. The allegations against the petitioner are that during search of the vehicle driven by him, 124.137 kilogram of poppy husk was recovered by the police on 01.02.2021. The petitioner was arrested on 02.02.2021. By means of the

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1 Whether reporters of print and electronic media may be allowed to see the order?

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present petition, prayer has been made for granting interim bail to the petitioner for a period of thirty days.

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2. The reason put forth for seeking interim bail is that the petitioner has stones in his Gallbladder. He has undergone treatment at Indira Gandhi Medical College & Hospital (IGMC), Shimla for the same. The Doctors have advised him for immediate surgery to remove the Gallbladder. Medical record pertaining to the treatment of the petitioner has been appended with the petition.

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3. During hearing of the case, learned counsel for the petitioner also placed on record medical prescription slip dated 12.11.2022 issued by the IGMC, Shimla. Placing reliance upon this prescription slip, learned counsel for the petitioner stated that the petitioner has been advised to get himself admitted in the hospital on 07.12.2022 for the purpose of surgery scheduled on 09.12.2022. It has further been submitted that petitioner will also need post-operative care, which is not possible in prison.

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4. The respondent was put on notice vide order dated 18.11.2022. Status report though has been filed by the respondent, but it is silent in respect of the averments made in the petition for seeking interim bail. Considering the urgency pleaded by the petitioner, the matter was

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passed over to enable the respondent for verifying the averments made in the bail petition. Learned Additional Advocate General, on the basis of instructions imparted by SI Neelam Kumar, Police Station Nalagarh, District Solan, submitted that upon verification, the respondent has confirmed that the petitioner is suffering from stones in his Gallbladder and the surgery is scheduled to be performed upon him on 09.12.2022, for which purpose, the petitioner is to be admitted in the hospital on 07.12.2022.

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5. Considering the medical condition of the petitioner and the given facts and submissions, the petitioner has made out a case for enlargement on interim bail for a period of thirty days. Accordingly, the present petition is allowed. The petitioner is ordered to be released on interim bail in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.1,00,000/- with two local sureties each in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned. Petitioner shall surrender before the concerned jail authorities on 03.01.2023 by 4:00 P.M. The bail is being granted subject to the following conditions:-

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(i). The petitioner shall not tamper with the evidence or hamper the investigation in any manner whatsoever.

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(ii). The petitioner will not leave India without prior permission of the Court.

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(iii). The petitioner shall not make any inducement, threat or promise, directly or indirectly, to the Investigating Officer, complainant 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.

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(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, E-mail, PAN Card, Bank Account Number, if any, to the Station House Officer.

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(v). Petitioner shall surrender himself before the concerned jail authorities on 03.01.2023 by 4:00 P.M.

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It is clarified that the interim bail is being

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granted in the projected facts of the case and will have no bearing on the merits of the matter.

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With the aforesaid observations, the present petition stands disposed of, so also the pending miscellaneous application(s), if any.

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Jyotsna Rewal Dua December 02, 2022 Judge Mukesh

Bir Singh v. State of Hp

Case brief

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Bir Singh v. State of Hp

Case brief

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