Allowed

Dharam Pal v. State of Hp

Himachal Pradesh HC23 Dec 2022CRMPM/2733/2022

Case brief

AI extract

What is this about?

The High Court of Himachal Pradesh granted interim bail to the petitioner arrested under the NDPS Act. The release was conditioned on furnishing a personal bond and two sureties to facilitate his son's scheduled eye surgery, which the petitioner's wife could not attend to due to illness.

What did the court decide?

Petitioner released on interim bail for one week with personal bond of Rs.1,00,000/- and two local sureties, to surrender by 31.12.2022.

Dharam Pal Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2022)

¶1

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

¶2

Cr.M.P.(M) No.2733 of 2022 Decided on: 23.12.2022

¶3

Dharam Pal .…Petitioner

Versus

State of H.P.

…… Respondent

Coram

The Hon’ble Ms. Justice Jyotsna Rewal Dua, Judge. Whether approved for reporting?¹

¶9

For the petitioner : Mr. Arun Sehgal, Advocate. For the respondent : Mr. Ram Lal Thakur, Assistant Advocate General. ASI Nahender Khatta, I/O P.S. Nalagarh, present in person.

¶10

Jyotsna Rewal Dua, J

¶11

By way of present petition, prayer has been made for granting interim bail to the petitioner in FIR No. 348/2020, dated 09.11.2020 registered against him under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 at Police Station Nalagarh, District Solan, H.P.

¶12

Petitioner was arrested on 15.11.2020 in the said FIR, which relates to the possession of commercial quantity of contraband by him.

¶13

1 Whether reporters of the local papers may be allowed to see the judgment?

¶14

¶15

2(i) Interim bail for a limited period has been prayed on the ground that the petitioner’s son Harpal Singh, aged 14 years is suffering from serious eye problems and at present is undergoing treatment at PGI Chandigarh. The son of the petitioner was scheduled to undergo major eye surgery at PGI Chandigarh on 23.11.2022, for which purpose, the petitioner had moved an earlier bail petition bearing Cr.MP(M) No.2471/2022. Considering the medical ground raised by the petitioner, interim bail was allowed to him vide order dated 21.11.2022. The petitioner was to surrender before the concerned jail authorities on 05.12.2022 by 2.00 P.M. The petitioner has complied with the conditions imposed in the order dated 21.11.2022 and surrendered himself before the concerned jail authorities on 05.12.2022.

¶16

2(ii) In the instant bail petition, the petitioner has stated that his son was not operated on the scheduled date i.e. 23.11.2022. The operation has been deferred for 26.12.2022. Medical record concerning ailment being suffered by petitioner’s son and his scheduled operation is part of the petition. Accordingly, prayer has been made for enlarging the petitioner on interim bail keeping in view the health condition of his son coupled with the fact that operation of his son is now scheduled for 26.12.2022.

¶17

3. During hearing of the case, learned counsel for the petitioner submitted that petitioner’s wife is presently suffering from

¶18

¶19

Typhoid and not in a condition to look after his son. In view of the urgency demonstrated in the petition about the operation of petitioner's son scheduled for coming Monday i.e. 26.12.2022, the medical record pertaining to illness suffered by petitioner’s wife produced by learned counsel for the petitioner has been taken on record. As observed earlier, medical record of petitioner’s son is part of the bail petition.

¶20

Respondent/State has filed the status report. ASI Nahender Khatta, Investigating Officer has attended the hearing. Learned Assistant Advocate General on the basis of instructions imparted to him by ASI Nahender Khatta, stated that the facts in respect of medical condition of petitioner’s son as well as the illness of his wife have been verified to be correct. It has also been stated that an operation of petitioner’s son is now actually scheduled to be performed on 26.12.2022.

¶21

For the foregoing reasons and taking into consideration the fact that the petitioner had complied with the conditions of the previous interim bail order, he has made out a case for grant of interim bail for a period of one week. Accordingly, the 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 in the like amount to the satisfaction of the learned Trial Court having jurisdiction over the

¶22

¶23

Police Station concerned. Petitioner shall surrender before the concerned jail authorities on 31.12.2022 by 2:00 p.m. The bail is being granted subject to following conditions:-

¶24

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

¶25

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

¶26

(iii) 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.

¶27

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

¶28

(v) The petitioner shall surrender himself before the concerned jail authorities on 31.12.2022 by 2:00 p.m.

¶29

It is clarified that the interim bail is being granted in the projected facts of the case and will have no bearing on the merits of the matter.

¶30

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

¶31

23^rd December 2022(Rohit)

¶32

(Jyotsna Rewal Dua) Judge

Dharam Pal v. State of Hp

Case brief

What is this about?

What did the court decide?

Dharam Pal 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Ramesh Kumar Vs Union of India

Satish Kumar Vs Hrtc and Another

Rajinder Kumar Vs State of Hp

Rajesh Alias Raju Vs State of Hp

Vinod Kumar Mishra Vs Ncb

Kunal Chatterji Vs State of Hp