Allowed

Kaluram S/O Shri Heeralal v. the State of Rajasthan

Rajasthan HC13 Jan 2023CRLMB/360/2023

Case brief

AI extract

What is this about?

Hon'ble Mr. Justice Chandra Kumar Songara granted interim bail for 30 days to the accused charged under the NDPS Act due to the severe illness of his wife. The court held it just and proper to release the petitioner to seek medical arrangements.

What did the court decide?

Petitioner released on interim bail until 04:00 PM on 12.02.2023 upon furnishing personal bond and sureties.

Kaluram S/O Shri Heeralal Vs the State of Rajasthan — Narcotics (NDPS) | Rajasthan HC (2023)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Miscellaneous 3^rd (Interim) Bail Application No.360/2023

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Kaluram S/o Shri Heeralal, R/o Chitakeda, P.S. Gandhinagar, Kishangarh, District Ajmer (Raj.)

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(At present in Central Jail, Ajmer)

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----Accused-Petitioner

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Versus

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The State of Rajasthan through Public Prosecutor

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----Respondent

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For Petitioner(s) : Mr. Shyam Bihari Gautam, Advocate For Respondent(s) : Mr. Laxman Meena, Public Prosecutor

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HON'BLE MR. JUSTICE CHANDRA KUMAR SONGARA Order

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13/01/2023 :

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Instant 3^rd application has been preferred under Section 482 of Code of Criminal Procedure, 1973 for grant of interim bail to the petitioner, namely Kaluram son of Shri Heeralal, in a case arising out of F.I.R. No.183/2021 registered at Police Station Ramganj District Ajmer for offences punishable under Sections 8/22 & 8/29 of Narcotic Drugs & Psychotropic Substances Act, 1985, on the ground of illness of his wife, who is suffering from severe Spine pain.

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It is submitted by learned counsel appearing for the accused petitioner that the petitioner is in judicial custody since long. It is further submitted that the wife of petitioner, namely Pooja Choudhary is suffering from severe Spine pain and she is undergoing treatment. Doctor has advised her to get a surgical operation i.e. Laminectary (Annexure-1) and there is no one in his family to look-after his ailing wife (Annexure-2), hence, the presence of petitioner is needed for making arrangements for better medical treatment of his wife.

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(2 of 2)

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[CRLMB-360/2023]

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Therefore, the petitioner may be enlarged on interim bail for a period of thirty-days.

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Learned Public Prosecutor appearing for the State has opposed the interim bail application but does not controvert the factum of illness of the wife of the petitioner.

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Heard learned counsel appearing for the accused-petitioner as well as learned Public Prosecutor appearing for the State and perused the material made available on record.

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Taking into consideration the submissions made by the learned counsel appearing for the accused-petitioner and looking to the fact that the wife of the petitioner has to undergo 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 12.02.2023 .

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Accordingly, the 3^rd interim bail application is allowed and it is, hereby, directed that the Superintendent, Central Jail, Ajmer shall release the petitioner, namely Kaluram son of Shri Heeralal, on interim bail, upto 04:00 P.M. of 12^th of February, 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, Ajmer with the stipulation that he shall surrender himself before the Superintendent, Central Jail, Ajmer on 12.02.2023 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-ASHOK/71

Kaluram S/O Shri Heeralal v. the State of Rajasthan

Case brief

What is this about?

What did the court decide?

Kaluram S/O Shri Heeralal v. the State of Rajasthan

Case brief

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What did the court decide?

What the court decided

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