Bail application allowed for interim release for 15 days for medical emergency of wife pending surgery, subject to bond and surrender.
Release on interim bail for 15 days with bond and guarantee for surrender upon expiry.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR.
.....
S.B. Criminal Misc. Bail Application No. 3770/2022.
(Interim Bail)
Jamna Lal son of Bhoni Ram, aged about 30 years, resident of Rud, Rashmi Police Station, District Chittorgarh. (Lodged In District Jail, Rajsamand).
----Petitioner
Versus
State Of Rajasthan through PP
----Respondent
| For Petitioner(s) | : Mr. Bhagirath RayBishnoi. |
|---|---|
| For Respondent(s) | : Mr. Vikram Sharma,PP. |
HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA
Order
07/04/2022
The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the accused-petitioner, who is in judicial custody in connection with F.I.R. No. 475/2020 of Devgarh Police Station, District Rajsamand, registered for the offence punishable under Section 8/18 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.
Heard learned counsel for the accused-petitioner as well as learned Public Prosecutor. Perused the material available on record.
Learned counsel for the accused-petitioner stated that the benefit of interim bail was granted to the accused-petitioner on 24.01.2022; that in pursuance of that order, the accusedpetitioner was released on 28.01.2022; that the father of the
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[CRLMB-3770/2022]
accused-petitioner, namely, Shri Bhoni Ram, was expired on 30.01.2022 and, therefore, the petitioner’s wife could not be operated at that time; that the accused-petitioner surrendered himself before the concerned Jail Authorities within the stipulated period of time; that the next date of operation of the petitioner’s wife was proposed by the treating Doctor as 10.04.2022, therefore, benefit of interim bail for a period of one months may kindly be granted to the accused-petitioner.
Learned Public Prosecutor has opposed the interim bail application of the accused-petitioner and while submitting the factual report for the Court’s perusal, stated that the next date of operation was proposed by the Doctor is 10.04.2022.
Having regard to the facts and circumstances of the case, particularly looking to the facts that benefit of interim bail was earlier granted to the accused-petitioner but due to the circumstances, as mentioned above, the operation of the petitioner’s wife could not be carried out and, therefore, without expressing any opinion on the merits/demerits of the case, I deem it just and proper to enlarge the accused-petitioner on interim bail for a period of 15 (fifteen) days from the date of his actual release.
Accordingly, the present interim bail application is allowed and it is ordered that the accused – petitioner, Jamna Lal S/o Bhoni Ram , shall be released on interim bail for a period of 15 (fifteen) days from the date of his actual release in connection with F.I.R. No. 475/2020 of Devgarh Police Station, District Rajsamand, provided he furnishes a personal bond in the sum of ₹2,00,000/- (Rupees Two lacs only) along with two sound and solvent sureties of ₹1,00,000/- (Rupees One lac only) each (out of
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[CRLMB-3770/2022]
which, one surety shall be a close relative/blood relative of the accused-petitioner) to the satisfaction of the concerned Trial Court for his surrender on completion of fifteen days period from the date of his actual release.
The concerned Superitendent of Jail is directed to ensure surrender of the accused-petitioner into the prison well within time.
The concerned Jail Superitendent shall also be at liberty to impose any other usual terms and conditions for ensuring the surrender of the petitioner into the prison, after expiry of the period of interim bail being granted under this order.
If the accused-petitioner does not surrender before the concerned Jail Authority after the expiry of period of interim bail of 15 days’ from his actual date of release, the concerned Jail Authority is free to take appropriate action against the accusedpetitioner.
The instant application stands disposed of accordingly.
(DEVENDRA KACHHAWAHA),J
S/60-Mohan/S. Dhingra
2 issues framed by the court
Whether the petitioner should be granted interim bail for medical emergency involving his wife's surgery?
Whether the petitioner, who previously surrendered to jail, can be released on interim bail considering medical urgency?
2 provisions across 2 enactments
Jamna Lal son of Bhoni Ram
State of Rajasthan through PP
DEVENDRA KACHHAWAHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
