Petitioner sought regular bail under Section 439 CrPC and interim bail for spouse's operation. Court dismissed the petition due to absence of fixed operation date in medical records.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Criminal Miscellaneous Bail No. 843/2019
Shrawan Ram S/o Shri Deva Ram B/c Devasi, R/o Village Chandelav, Police Station, Bilara, Distt. Jodhpur At Present Lodged In The Central Jail Ajmer.
----Petitioner
Versus
Union Of India, Through Special P.p. Narcotics Control Bureau.
----Respondent For Petitioner(s) : Mr. Ajay Singh Tanwar For Respondent(s) : Mr. Tej Prakash Sharma For Complainant : Mr. Tej Prakash Sharma
HON'BLE MRS. JUSTICE SABINA
Judgment
30/01/2019
Petitioner has filed this petition under Section 439 Code of Criminal Procedure, 1973 seeking regular bail in F.I.R. No. VIII(IO)/13/NCB/JZU/2017 registered at Police Station Narcotics Control Bureau, Regional Unit, Jodhpur, for offences under Sections 8/18, 25 and 29 of Narcotic Drugs & Psychotropic Substances Act, 1985.
Learned counsel for the petitioner has submitted that the petitioner be granted interim bail to enable him to get his wife operated.
Learned counsel for the respondent, has opposed the petition and has submitted that so far, no date has been fixed with regard to the alleged operation likely to be undergone by the wife of the petitioner.
(2 of 2) [CRLMB-843/2019]
After going through the medical record attached with the application, it is evident that the wife of the petitioner has been referred to a higher medical centre, but there is no such medical record available on the file, wherefrom, it can be inferred that the wife of the petitioner has to actually undergo an operation on a particular date.
Dismissed.
(SABINA)J. Sudha/02
1 issue framed by the court
Whether interim bail should be granted to enable the petitioner to get his wife operated given the lack of a fixed date in medical records?
2 provisions across 2 enactments
Shrawan Ram S/o Shri Deva Ram B/c Devasi
Union Of India
SABINA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
