Allowed

Rashid Hussain Thokar @ Suhail @ Sahil v. State of Punjab

Punjab & Haryana HC1 May 2023CRM-M/1624/2023

Case brief

AI extract

What is this about?

The High Court granted interim bail to the petitioner until July 31, 2023, citing his minor son's critical medical condition requiring maternal care, subject to stringent conditions including GPS tracking, weapon surrender, victim proximity restrictions, and immediate surrender post-bail period.

What did the court decide?

Interim bail granted till 31.07.2023 with multiple conditions; petitioner may file fresh bail application on merits after surrender.

Rashid Hussain Thokar @ Suhail @ Sahil Vs State of… — Narcotics (NDPS) | Punjab & Haryana HC (2023)

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CRM-M-1624-2023 (O&M) 1 2023:PHHC:062039

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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222

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CRM-M-1624-2023 (O&M) Decided on: 01.05.2023

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Rashid Hussain Thoker @ Suhail @ Sahil

...Pe""oner

Versus

State of Punjab

…Respondent

CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Ruhani Chahda, Advocate for the pe""oner.

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Ms. Navreet K. Barnala, AAG, Punjab.

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Sta/on	Sec/ons
9	17.01.2022	Goraya, District	15(c), 27 and 29 of NDPS Act
		Jalandhar

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The pe""oner incarcerated in the FIR cap"oned above, has come up before this Court under Sec"on 439 CrPC seeking bail. During the pendency of the pe""on, the pe""oner has filed an applica"on CRM-18930-2023 for interim bail for taking care of his minor son, aged 2 ½ years, who is suffering from medical problems.

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In paragraph 10 (ii) of the bail pe""on, the pe""oner men"oned his criminal antecedents.

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While opposing the interim bail, the State does not dispute the factum of the medical condi"on of the son of the pe""oner on which the pe""oner is seeking interim bail.

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Counsel for the pe""oner contends that the denial of interim bail would cause an irreversible injus"ce to the pe""oner and family. He submits that no male member in the family of the pe""oner beside his wife, she is the only one, who is looking aDer the child. The son of the pe""oner earlier was admiEed in the Government Children Hospital, Bemina, Sri Nagar and was under going his treatment over there, therefore, he be given at least 3 months of interim bail. He further submits that he has no objec"on to any stringent condi"ons which this Court might imposed.

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ADer carefully analysing the maEer, this court is of the considered opinion that

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JYOTI 2023.05.01 15:52 I attest to the accuracy and integrity of this order/judgment.

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2023:PHHC:062039

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CRM-M-1624-2023 (O&M) 2

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the pe""oner is en"tled to the interim bail "ll 31.07.2023, subject to the condi"on that the pe""oner shall not press the main pe""on at this stage and aDer surrendering on 31.07.2023 by 11 a.m., it shall be open for him to file a fresh bail pe""on under sec"on 439 CrPC on merits.

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Without commen"ng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons men"oned above, the pe""oner makes a case for limited period interim bail, subject to the following terms and condi"ons, which shall be over and above and irrespec"ve of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.

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Given above, provided the accused is not required in any other case, the pe""oner shall be released on interim bail in the FIR men"oned above, subject to furnishing a personal bond of Rs. Twenty-five thousand (INR 25,000/-) to the sa"sfac"on of the concerned Court/ Judicial Magistrate having the jurisdic"on over the Police Sta"on conduc"ng the inves"ga"on, and in case of non-availability, any nearest Ilaqa Magistrate/duty Magistrate. Before accep"ng the sure"es, the concerned Court must sa"sfy that if the accused fails to appear in Court, then such surety is capable of producing the pe""oner before the Court.

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On the reverse page of personal bonds, the aEes"ng officer shall men"on the permanent address of the pe""oner along with the phone number linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above par"culars, the pe""oner shall immediately and not later than 30 days from such modifica"on, in"mate about the change to the concerned Police Sta"on and the concerned Court.

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The pe""oner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the police, or the court, or to tamper with the evidence.

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Immediately on reaching home/venue, the pe""oner shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police sta"on men"oned above. The pe""oner shall always keep the phone loca"on/GPS on the “ON” mode. Whenever the Inves"ga"ng ofcer asks to share the loca"on, the pe""oner shallfi immediately do so. The pe""oner shall neither clear the loca"on history, WhatsApp chats, call logs nor format the phone without permission of the concerned SHO/I.O. This condi"on shall con"nue "ll surrender.

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JYOTI 2023.05.01 15:52 I attest to the accuracy and integrity of this order/judgment.

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CRM-M-1624-2023 (O&M) 3 2023:PHHC:062039

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Given the nature of the allega"ons and the other circumstances peculiar to this case, the pe""oner shall surrender all weapons, firearms, ammuni"on, if any , along with the arms license to the concerned authority within ten days from release from prison and inform the Inves"gator about the compliance. However, subject to the Indian Arms Act, 1959, the pe""oner shall be en"tled to renew and take it back in case of acquiEal in this case, provided otherwise permissible in the concerned rules.

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Given the nature of the allega"ons and the other circumstances peculiar to this case, the pe""oner shall not enter the property, workplace, and the residence of the vic"m and shall also not enter within a radius of one-hundred meters from the vic"m’s home during the period of this interim bail. This Court is imposing this condi"on to rule out any aEempt by the accused to incapacitate, influence, or cause any discomfort to the vic"m. Reference be made to Vikram Singh v Central Bureau of Inves"ga"on, 2018 All SCR (Crl.) 458); and Aparna BhaE v. State of Madhya Pradesh, 2021 SCC Online SC 230.

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Any Advocate for the pe""oner and the Officer in whose presence the pe""oner puts signatures on personal bonds shall explain all condi"ons of this bail order in any language that the pe""oner understands.

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Any observa"on made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.

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The pe//oner shall surrender in prison from where he was released, on or before 31.07.2023, by 11 a.m.

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There would be no need for a cer�fied copy of this order for furnishing bonds, and any Advocate for the Pe��oner can download this order along with case status from the official web page of this Court and a�est it to be a true copy. In case the a�es�ng officer wants to verify the authen�city, such an officer can also verify its authen�city and may download and use the downloaded copy for a�es�ng bonds.

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CRM-18930-2023 is allowed. The main pe//on is disposed of with liberty to file a

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fresh a>er surrender. The disposal of the present pe""on shall not stand in the way of filing and considering the fresh pe""on. All pending applica"ons, if any, stand disposed.

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(ANOOP CHITKARA) JUDGE 01.05.2023 Jyo"-II Whether speaking/reasoned: Yes Whether reportable: No.

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JYOTI 2023.05.01 15:52 I attest to the accuracy and integrity of this order/judgment.

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Rashid Hussain Thokar @ Suhail @ Sahil v. State of Punjab

Case brief

What is this about?

What did the court decide?

Rashid Hussain Thokar @ Suhail @ Sahil v. State of Punjab

Case brief

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What did the court decide?

What the court decided

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