Allowed

Nahar Singh Son of Shri Pukhraj v. State of Rajasthan

Rajasthan HC23 Jan 2023CRLMB/16999/2022

Case brief

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What is this about?

The High Court at Jaipur allowed a bail application for interim bail to the accused petitioner, Nahar Singh, suffering from blood cancer. The court relied on the Supreme Court's previous order allowing bail and medical reports showing his deteriorating health, directing his release until 4:00 PM on 24/03/2023.

What did the court decide?

Released on interim bail until 4:00 PM of 24/03/2023 upon furnishing personal bond of Rs.1,00,000 and two sureties of Rs.50,000 each.

Nahar Singh Son of Shri Pukhraj Vs State of Rajasthan — Bail and Remand | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 6^th (Interim) Bail Application No.16999/2022

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Nahar Singh son of Shri Pukhraj, aged about 35 Years, Resident of Kohli Prempura Police Station Bamanbas District Sawai Madhopur (Raj.)

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(Presently confined in Central Jail, Jaipur)

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----Accused-Petitioner

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Versus

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State of Rajasthan through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Rajveer Singh, Advocate For Respondent(s) : Mr. Yashwant Kankhadia, P.P.

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA

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Order

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23/01/2023 :

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Instant 6^th application has been preferred under Section 439 of Code of Criminal Procedure, 1973 for grant of interim bail to the petitioner, namely Nahar Singh on the medical grounds to facilitate better treatment for him, in a case arising out of F.I.R. No.56/2020 registered at Police Station Bamanbas District Sawai Madhopur for offences punishable under Sections 147, 148, 149, 188 & 302 of Indian Penal Code & under Section 3/25 of the Arms Act. Later-on, chargesheet for offences punishable under Sections 341, 34, 302 and 504 of I.P.C. and under Section 30 of the Arms Act, has also been filed.

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Learned counsel appearing for the accused-petitioner submits that the petitioner is behind the bars since year 2020. Counsel further submits that the fifth interim bail application of petitioner was dismissed by this Court vide its order dated 15.11.2021. On being aggrieved, the petitioner had filed Special Leave to Appeal (Criminal)

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(2 of 3)

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[CRLMB-16999/2022]

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No.9996/2021 before the Hon’ble Apex Court and v ide its order dated 06.09.2022 Hon’ble Apex Court had allowed eight weeks’ interim bail to the petitioner on the ground of his serious illness. Counsel also submits that in compliance of the aforesaid order of the Hon’ble Apex Court, the petitioner has duly surrendered but his health is deteriorating day-byday as he is suffering from blood cancer and requires special treatment under the supervision of the specialist doctor. Lastly, counsel prays that the petitioner be further released on interim bail for a period of two months to get better medical treatment.

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Learned Public Prosecutor appearing for the State, while opposing the interim bail application, has submitted the Medical Status Report of the petitioner issued by Central Jail Dispensary, Jaipur dated 19.01.2023, which is taken on record.

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Heard and perused the material made available on record.

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In the instant case, the petitioner was granted eight weeks’ interim bail by the Hon’ble Apex Court vide its order dated 06.09.2022 on the ground of his illness. As per Medical Status Report of the petitioner issued by Central Jail Dispensary, Jaipur dated 19.01.2023, general health condition of the petitioner is not fair as he is suffering from several joint pains, weight loss and decreasing appetite. He is unable to conduct his daily routine without the help of some other person.

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Taking into consideration the submissions made by the learned counsel appearing for the petitioner and looking to the fact that the petitioner has to undergo better medical treatment but without expressing any opinion on the merits/demerits of the case, in the interest of justice, this Court deems it just and proper to enlarge the petitioner on interim bail upto 4:00 PM of 24/03/2023 .

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(3 of 3)

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[CRLMB-16999/2022]

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Accordingly, the 6^th interim bail application is allowed and it is, hereby, directed that the Superintendent, Central Jail, Jaipur shall release the petitioner, namely Nahar Singh son of Shri Pukhraj, on interim bail, upto 04:00 P.M. of 24^th March, 2023 in the aforesaid F.I.R., upon furnishing his personal bond in the sum of Rs.1,00,000/with two sureties of Rs.50,000/- each to the satisfaction of the Superintendent, Central Jail, Jaipur with the stipulation that he shall surrender himself before the Superintendent, Central Jail, Jaipur on 24.03.2023 by 04:00 P.M. He shall also maintain peace and tranquility during the period of interim bail. In case, he fails to surrender on the stipulated date, the jail authority shall proceed in accordance with law.

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(CHANDRA KUMAR SONGARA),J.

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PAYAL/13

Nahar Singh Son of Shri Pukhraj v. State of Rajasthan

Case brief

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Nahar Singh Son of Shri Pukhraj v. State of Rajasthan

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