Allowed

Pankaj Kumar v. State of Hp

Himachal Pradesh HC10 Apr 2023CRMPM/749/2023

Case brief

AI extract

What is this about?

In an appeal under Section 439 CrPC, this Hon'ble Court granted interim bail to the petitioner for one month on humanitarian grounds. The petitioner, the only income earner in his family, needs to secure a bank loan for his mother's livelihood. Bail was granted with a bond of Rs. 2,00,000 and one surety.

What did the court decide?

Petitioner released on interim bail with personal bond of Rs. 2,00,000/- and one surety for one month on humanitarian grounds.

Pankaj Kumar Vs State of Hp — Narcotics (NDPS) | Himachal Pradesh HC (2023)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

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Cr.MP(M) No.749 of 2023

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Date of Decision: 10.04.2023

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___________________________________________________ Pankaj Kumar

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....Petitioner Versus …Respondent

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State of Himachal Pradesh

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Coram

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Hon’ble Mr. Justice Sushil Kukreja, Judge

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Whether approved for reporting?¹

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For the petitioner : Mr. Dinesh Bhanot, Advocate. For the respondent: Mr. B.N. Sharma & Raj Kumar Negi, Additional Advocates General with Ms. Leena Guleria, Deputy Advocate General.

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________________________________________________

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Sushil Kukreja, Judge (Oral)

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By way of the instant petition filed under Section 439 of the Code of Criminal Procedure, the petitioner is seeking interim bail in case FIR No.55/2022, dated 07.03.2022, registered at Police Station Baddi, District Solan, H.P., under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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1 Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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The petitioner is seeking interim bail on the ground that he is the only earning member in the family as his father has already expired and he has to look after his mother, who has no source of income and he is behind the

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bars for the last one year. Therefore, it is prayed that the petitioner be enlarged on interim bail for a month, enabling him to apply for bank loan so that his mother can make her both the ends meet.

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The status report has been filed on behalf of the

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respondent/State.

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I have heard learned counsel for the petitioner as well as learned Additional Advocate General and also gone through the material available on record.

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It is not in dispute that the petitioner is behind the bars since 07.03.2022, therefore, keeping in view the facts and circumstances of the case, since the petitioner is the only bread earner of the family and he has to look after his mother, his presence for making arrangements for the livelihood of his mother by raising loan from the bank is necessary. In these circumstances, on humanitarian

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grounds, the instant petition is allowed and the petitioner is ordered to be released on interim bail on his furnishing personal bond to the tune of Rs.2,00,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent, Model Central Jail, Solan, District Solan, H.P., for a period of one month, i.e. w.e.f. 11.04.2023 to 10.05.2023. In the event of the bail bonds being furnished by the petitioner alongwith the surety of the like amount, he be released on bail forthwith by taking on record his undertaking that he shall surrender himself before the Jail Superintendent concerned, i.e. Model Central Jail, Solan, District Solan H.P. on 11.05.2023. It is made clear that the above interim bail has been granted to

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the petitioner on humanitarian grounds only.

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( Sushil Kukreja ) April 10, 2023 Judge (VH)

Pankaj Kumar v. State of Hp

Case brief

What is this about?

What did the court decide?

Pankaj Kumar 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

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