Allowed

Imran Ahmed Wani v. State of Punjab

Punjab & Haryana HC11 Aug 2023CRM-M/33664/2023

Case brief

AI extract

What is this about?

The High Court of Punjab and Haryana granted interim bail to the petitioner in an NDPS case for three months due to his wife's deteriorating medical condition. The order imposed strict conditions, including surrendering weapons, maintaining a specific mobile number, and maintaining distance from the victim, requiring surrender by a specific date to file a fresh regular bail petition.

What did the court decide?

Interim bail granted till 11.11.2023 subject to strict conditions including surrendering weapons, restricting mobile numbers, and maintaining distance from the victim.

Imran Ahmed Wani Vs State of Punjab — Narcotics (NDPS) | Punjab & Haryana HC (2023)

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CRM-28651-2023 in/and CRM-M-33664-2023

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2023:PHHC:104569

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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207 CRM-28651-2023 in/and CRM-M-33664-2023 Decided on: 11.08.2023

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Imran Ahmed Wani ...Pe��oner

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Versus

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State of Punjab …Respondent

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CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA

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Present: Mr. Randeep Singh Waraich, Advocate for the pe��oner.

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Mr. Karunesh Kaushal, AAG, Punjab.

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****

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ANOOP CHITKARA, J.

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FIR No.	Dated	Police Sta�on		Sec�ons
78	26.05.2022	Sadar Khanna,	District	22, 25, 27 of the NDPS Act
		Ludhiana

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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 regular bail. An applica�on bearing CRM No. 28651 of 2023 for grant of interim bail for a period of three months on the ground that his wife is suffering from thyroid cancer is also filed.

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In paragraph 16 of the bail pe��on, the accused declares that he has no criminal antecedents.

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

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Counsel for the pe��oner submits that this Court granted thrice interim bail to pe��oner on the ground of medical condi�on of his wife, who is suffering from thyroid cancer and her condi�on is deteriora�ng day by day due to which her surgery is deferred and she is advised to first undergo for whole body pet scan, therefore, the pe��oner confines his prayer for grant of 3 months of interim bail at this stage.

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JYOTI 2023.08.11 16:16 I attest to the accuracy and integrity of this order/judgment.

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CRM-28651-2023 in/and CRM-M-33664-2023

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2023:PHHC:104569

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Counsel for the pe��oner prays for interim bail by imposing any stringent condi�ons, including the condi�on that �ll the conclusion of the trial before the trial court, the pe��oner shall keep only one mobile number, which is linked to AADHAR card and within fi�een days of release from prison, shall disconnect all other mobile numbers. The pe��oner contends that the further pre-trial incarcera�on would cause an irreversible injus�ce to the pe��oner and family.

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A�er carefully analysing the ma�er, this court is of the considered opinion that the pe��oner is en�tled to the interim bail �ll 11.11.2023, subject to the condi�on that the pe��oner shall not press the main pe��on at this stage and a�er surrendering on 11.11.2023 by 2 p.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 a�es�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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JYOTI 2023.08.11 16:16 I attest to the accuracy and integrity of this order/judgment.

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CRM-28651-2023 in/and CRM-M-33664-2023

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2023:PHHC:104569

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Pe��oner is further directed to comply with their undertaking as refected in thel beginning of this order and also directed not to obtain more than one mobile number �ll the conclusion of trial. If the pe��oner fails to comply with this condi�on, then on this ground alone, the bail might be canceled, and the State shall file applica�on for the cancella�on of bail .

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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 acqui�al 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 a�empt 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 Bha� 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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16. The pe��oner shall surrender in prison from where he was released, on or before 11.11.2023, by 2 p.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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JYOTI 2023.08.11 16:16 I attest to the accuracy and integrity of this order/judgment.

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CRM-28651-2023 in/and CRM-M-33664-2023

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2023:PHHC:104569

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CRM-28651-2023 is allowed. The main pe��on is disposed of with liberty to

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file a 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 11.08.2023 Jyo�-II Whether speaking/reasoned: Yes Whether reportable: No.

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JYOTI 2023.08.11 16:16 I attest to the accuracy and integrity of this order/judgment.

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Imran Ahmed Wani v. State of Punjab

Case brief

What is this about?

What did the court decide?

Imran Ahmed Wani v. State of Punjab

Case brief

What is this about?

What did the court decide?

What the court decided

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