Allowed

Daulat Ram v. State of Hp

Himachal Pradesh HC1 Aug 2022CRMPM/866/2022

Case brief

AI extract

What is this about?

The High Court allowed a bail petition filed under Section 439 CrPC for a petitioner charged under Section 20 NDPS Act. Released on personal bail due to deteriorating health (Peripheral Vascular Disease), subject to conditions including regular court attendance and prohibitions on interfering with evidence.

What did the court decide?

Petitioner released on bail with personal bond of Rs. 2,00,000 and one surety, subject to humanitarian conditions.

Daulat Ram 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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ON THE 1^st DAY OF AUGUST, 2022

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BEFORE HON’BLE MR. JUSTICE AJAY MOHAN GOEL

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CRIMINAL MISC. PETITION (MAIN) No.866 of 2022 Between:

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DAULAT RAM S/O SH. BELI RAM, RESIDENT OF VILLAGE DHARKASYAN, POST OFFICE JHATINGRI, TEHSIL PADHAR, DISTRICT MANDI, H.P. AGED ABOUT 38 YEARS. PRESENTLY LODGED IN JUDICIAL CUSTODY AT DISTRICT JAIL MANDI, H.P.

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….PETITIONER.

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(BY. MR. TANUJ THAKUR, ADVOCATE)

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AND

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STATE OF HIMACHAL PRADESH

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…. RESPONDENT.

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(BY MR. DINESH THAKUR, MR. SUMESH RAJ, MR. SANJEEV SOOD, ADDITIONAL ADVOCATES GENERAL, WITH MR. MANOJ BAGGA, ASSISTANT ADVOCATE GENERAL)

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Whether approved for reporting ?¹ No

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This petition coming on for orders this day, the Court passed the following:

O R D E R

By way of this petition, filed under Section 439 of the Criminal Procedure Code, petitioner has prayed for his enlargement on bail, in FIR No. 134 of 2021, dated 19.12.2021, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’) at Police Station Padhar, District Mandi, H.P.

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As per the prosecution, 1 k.g. 28 grams of Charas was recovered from the conscious and exclusive possession of the petitioner and he is in custody since 19.12.2021. When the case was taken up for consideration on 12.07.2022, the following order was passed:-

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“Status report filed, which is ordered to be taken on record.

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Learned counsel for the petitioner has submitted that the petitioner is suffering from gangrene and for his proper care it is necessary that he be released on bail, so that he can have himself treated properly.

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As prayed for list before the appropriate Bench on 28.07.2022 , to enable the learned Additional Advocate General to file medical status report of the petitioner before the Court.”

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Thereafter, when the matter was heard on 28.07.2022, the following order was passed:-

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“In terms of the last order, learned Additional Advocate General has handed over to the Court the opinion of the Professor & Head, Department of Surgery, SLBS Government Medical College & Hospital Mandi, at Nerchowk, in terms whereof, the petitioner is stated to be undergoing treatment for Peripheral Vascular Disease (PVD) since June, 2022. As per the report, the petitioner is being managed conservatively at present on OPD basis by the treating physician. Learned counsel for the petitioner submits that as the condition of the petitioner is deteriorating on day to day basis, therefore, it will be in the interest of justice in case taking into consideration the peculiarities of the case, he is released on bail. Learned Additional Advocate General submits that the case be taken up on 01.08.2022, to enable him to have instructions in this regard. Ordered accordingly. Fresh status report need not be filed on the next date of hearing.”

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Today, learned Additional Advocate General informs the Court that as per telephonic instructions which he obtained, the condition of the petitioner is stated to be not good.

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Taking into consideration these facts, present petition is allowed, so that the petitioner can look after himself and get himself properly treated. The petitioner is ordered to be released on bail, in FIR No. 134 of 2021, dated 19.12.2021, registered under Section 20 of the Narcotic Drugs and Psychotropic

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Substances Act, at Police Station Padhar, District Mandi, H.P., on his furnishing personal bail bond to the tune of Rs. 2,00,000/with one surety in the like amount, to the satisfaction of the concerned learned Trial Court, within a period of two weeks from today. However, as the petition is being allowed solely on humanitarian grounds, the same is subject to the, subject to the following conditions:- •

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i.) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application; • ii.) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;•

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iii) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and • iv) He shall not leave the territory of this Country without the prior permission of the trial Court.

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It is clarified that findings, which have been returned by this Court while deciding this petition, are only for the purpose of adjudication of the present bail petition and learned trial Court shall not be influenced, in any manner whatsoever, by any of the findings so returned by this Court in the adjudication of this petition during

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the course of the trial of the case. It is further clarified that in case the petitioner does not complies with any of the above conditions, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.

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Downloaded copy of this order from the website of this Court, attested by learned counsel, shall suffice the purpose for furnishing of personal and surety bonds, as directed above, before the learned Court below and there will be no need to produce certified copy of this order in this regard.

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(Ajay Mohan Goel) Judge

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August 01, 2022 (Rishi)

Daulat Ram v. State of Hp

Case brief

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Daulat Ram v. State of Hp

Case brief

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