Interim Bail to be given in the Exceptional Cases on Satisfaction of Court Fulfilling all its Conditions: High Court of Shimla

It is a duty of court to look into facts and circumstances of the case while extending interim bail as an exceptional case but it is must to fulfill all the conditions required. This honorable judgement was passed by High Court of Shimla in the case of Durga Prasad Versus State of Himachal Pradesh [Cr.M.P.(M) No. 537 of 2021] by Jyotsna Rewal Dua, Judge.

The petition was filed by petitioner under Section 439 of the Code of Criminal Procedure, a prayer had been made for his enlargement on interim bail for a period one month. Petitioner was in custody, for possessing 3.277 grams of Cannabis, as a co-accused, registered under Sections 20, 25 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 at Police Station Balh, District Mandi, H.P. Learned counsel for the petitioner submitted that the petitioner’s family comprising one son and one daughter was presently passing through very tough times. His son aged around 30 years was suffering from mental ailment since the year 2013. The medical records relating to ailment of petitioner’s son and submitted that recently his condition had further worsened. It was also pointed out that the married daughter of the petitioner was now facing divorce proceedings before the Courts at Mandi and there was none to look after her interest and to guide her in such crucial times in respect of her matrimonial dispute. Learned counsel further stated that subsequent to petitioner’s arrest, his wife suffered a cardiac attack and died. Petitioner was granted one day interim bail to attend the last rites and rituals of his deceased wife. The petitioner himself had been tested Covid positive and had to remain in isolation as per standard operative procedure. All these factors have caused mental trauma to the petitioner. He is now in pitiable condition with deteriorating health.

The learned counsel referred the case of Rahul @ Vijay Vs. The State of Rajasthan, Roop Singh Vs. State of Himachal Pradesh and Ramesh Kumar Vs. State of Himachal Pradesh

The court opinioned that, “Considering the above facts in totality in respect of the health of the petitioner, mental ailment of his son, pending divorce proceedings of the petitioner’s daughter coupled with death of his wife on and the potential impact of stress, anxiety of all these factors on the petitioner, I am inclined to grant interim bail to the petitioner for a period of two weeks with outer limit of 18.04.2021 by 2.00 P.M.”

The petition was disposed of by the court stating that, “the petitioner is ordered to be released on interim bail in the above mentioned FIR for a period of two weeks, subject to his furnishing personal bond in the sum of Rs.1,00,000/-with one local surety in the like amount to the satisfaction of the learned trial Court having jurisdiction over the concerned Police Station. Petitioner shall surrender before the concerned jail on or before 18.04.2021 by 2.00 P.M. Petitioner shall surrender himself before the concerned jail authorities after completion of fourteen days interim bail and under no circumstances later than 18.04.2021 by 2.00 P.M.”

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