Allowed

Anchal v. State of Hp

Himachal Pradesh HC16 Dec 2022CRMPM/2623/2022

Case brief

AI extract

What is this about?

This petition sought regular bail under the NDPS Act. The petitioner was HIV positive and losing weight. Relying on the Bhawani Singh case, the High Court granted bail, directing the trial court to ensure speedy disposal under the HIV/AIDS Act.

What did the court decide?

Petitioner released on bail subject to personal bond and conditions; trial court directed to ensure speedy disposal under HIV/AIDS Act.

Anchal Vs State of Hp — Medical Negligence | Himachal Pradesh HC (2022)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

Cr.MP(M) No.2623 of 2022 Decided on: 16^th December, 2022 ------------------------------------------------------------------------------------- Anchal …..Petitioner Versus State of Himachal Pradesh .....Respondent -------------------------------------------------------------------------------------

¶3

Coram

¶4

Ms. Justice Jyotsna Rewal Dua

¶5

Whether approved for reporting?¹

¶6

For the Petitioner: Mr. Umesh Kanwar, Advocate. For the Respondent: Ms. Ritta Goswami, Additional Advocate General with Mr. Ram Lal Thakur, Assistant Advocate General. SI Yogesh Kumar, Police Station Damtal, District Kangra, H.P., present in person alongwith record

¶7

------------------------------------------------------------------------------------

¶8

Jyotsna Rewal Dua, Judge

¶9

The petitioner has prayed for regular bail in FIR No.11/2021, dated 25.01.2021, registered under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short ‘NDPS Act’) at Police Station Damtal, District Kangra. The petitioner is co-accused of possessing 377.8 grams of heroin in the said FIR. The petitioner was arrested on 25.01.2021. As of today, he has completed about one year and eleven months in custody.

¶10

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

¶11

¶12

2. The ground for seeking bail in the instant petition is that the petitioner has been diagnosed to be Human Immunodeficiency Virus (HIV) Positive. The medical record of the petitioner’s illness has been made part of the petition. Learned counsel for the petitioner has placed reliance upon the order passed by the Hon’ble Apex Court on 11.04.2022 in Special Leave to Appeal (Crl.) No.2225 of 2022 , titled Bhawani Singh Vs. State of Rajasthan ,

¶13

for enlarging the petitioner on bail in view of the nature of illness suffered by him.

¶14

3. The respondent has filed the status report, wherein it has been submitted that “as per the medical reports and records of the accused, the accused is suffering from HIV and accused is losing weight and is on treatment for the same.” During hearing of the case, the respondent has produced the correspondence with respect to the medical reports and records of the petitioner. Learned Additional Advocate General submitted that trial is already underway and four prosecution witnesses have been examined so far.

¶15

4. Since the respondent in the status report has admitted that the petitioner is HIV Positive, losing weight and is on treatment for the same, in view of the order passed by the Hon’ble Apex Court in Bhawani Singh’s case,

¶16

¶17

supra , he has made out a case for his enlargement on bail. Accordingly, the present petition is allowed. The petitioner is ordered to be released on bail in the above mentioned FIR, subject to his furnishing personal bond in the sum of Rs.1,00,000/- with one local surety in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the Police Station concerned, subject to the following conditions:-

¶18

(i). The petitioner shall join and cooperate the investigation of the case as and when called for by the Investigating Officer in accordance with law.

¶19

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

¶20

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

¶21

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

¶22

(v). Petitioner shall attend the trial on every hearing, unless exempted in accordance with law. Petitioner shall not jump over the bail.

¶23

(vi). Petitioner shall inform the Station House Officer of the concerned police station about his place of residence during bail and trial. Any change in the same shall also be communicated within two weeks thereafter. Petitioner shall furnish details of his Aadhar

¶24

¶25

Card, Telephone Number, E-mail, PAN Card, Bank Account Number, if any.

¶26

(vii). Petitioner shall not indulge in any criminal activities. It is made clear that in case the petitioner is arraigned as an accused in future in any FIR, then this bail is liable to be cancelled. It is open for the Investigating Agency to move appropriate application in that regard. This shall also be considered as a negative factor for consideration of his future bail application, if any.

¶27

In view of provisions of Section 34(2) of the Human Immunodeficiency Virus and Acquired Immune Deficiency Syndrome (Prevention and Control) Act, 2017, learned Trial Court is directed to take appropriate steps for speedy disposal of the trial.

¶28

It is clarified that in case the petitioner misuses the liberty or violates the conditions imposed upon him, the Investigating Agency shall be at liberty to move for cancellation of bail.

¶29

It is made clear that observations made above are only for the purpose of adjudication of instant bail petition and shall not be construed as an opinion on the merits of the matter. Learned Trial Court shall decide the matter without being influenced by any of the observations made hereinabove.

¶30

¶31

With the aforesaid observations, the present petition stands disposed of, so also the pending

¶32

miscellaneous application(s), if any.

¶33

Jyotsna Rewal Dua December 16, 2022 Judge Mukesh

Anchal v. State of Hp

Case brief

What is this about?

What did the court decide?

Anchal v. State of Hp

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Akhil Sood Vs State of Hp

M/S Bnal Prefabs Pvt. Ltd. Vs the Executive Engineer, C.P. Division

Mohan Singh Thakur Vs State of Hp and Others

Satosh Kumar Vs State of Hp

Narinder Bharti Vs Dev Bhagat Negi

Santo Devi Vs State of Hp and Others