Jafar Hussain vs The State on 25 April, 2022

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Delhi High Court - Orders

Jafar Hussain vs The State on 25 April, 2022

Bench: Prateek Jalan

                    $~36
                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                    +          BAIL APPLN. 1266/2022

                               JAFAR HUSSAIN                                        ..... Petitioner
                                                  Through:       Mr. Girish Sharma, Ms. Sushma
                                                                 Sharma, Mr. Karan Verma &
                                                                 Ms. Shreya Bhardwaj, Advocates

                                                           versus

                               THE STATE                                          ..... Respondent
                                                  Through:       Mr. Amit Chadha, APP for the
                                                                 State with SI Surender Kumar,
                                                                 Crime Branch [Mob. 8802183384]

                    CORAM:
                    HON'BLE MR. JUSTICE PRATEEK JALAN

                                                  ORDER

% 25.04.2022 CRL.M.A. 7571/2022 (exemption) Exemption allowed, subject to all just exceptions. The application is disposed of.

BAIL APPLN. 1266/2022

1. The applicant has filed the present application for interim bail for a period of six weeks on the ground that his mother passed away on 18.04.2022.

2. The applicant is in custody in connection with FIR No. 214/2018, dated 24.08.2018, registered at Police Station Crime Branch, under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ["NDPS Act"]. The allegations concern possession of 510 grams of Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:25.04.2022 20:53:51 BAIL APPLN. 1266/2022 Page 1 of 3 smack, for which any quantity above 250 grams constitutes commercial quantity.

3. While rejecting the applicant's application for interim bail, the Trial Court, by an order dated 19.04.2022, has noted that the factum of the death of the applicant's mother has been verified. However, the quantity of smack recovered from him being a commercial quantity which attracts bar of Section 37 of the NDPS Act, the Court did not consider it proper to release him on interim bail. It was noted that the applicant has a brother who can perform the last rites of his mother. The Court further noted that the applicant had declined the suggestion that he may be taken in custody to his native village in order for him to perform the last rites of his mother.

4. Mr. Girish Sharma, learned counsel for the applicant, states that the last observation noted above stems out of a misunderstanding as the applicant is willing to be taken in custody to his native village for this purpose. He submits that the tenth day ceremony of the applicant's mother is scheduled on 27.04.2022 and the fortieth day ceremony is scheduled on 27.05.2022. He seeks a direction upon the jail authorities to take him in custody to his native village on the said two dates. However, Mr. Sharma submits that the applicant and his family will not be in a position to bear the expenses for accommodation of the accompanying police team, if the applicant is taken in custody to his native village.

5. Mr. Amit Chadha, learned Additional Public Prosecutor for the State, who appears on advance notice, submits that although the factum of the death of the applicant's mother was verified, as revealed by the status report filed before the Trial Court, the dates of the ceremonies were Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:25.04.2022 20:53:51 BAIL APPLN. 1266/2022 Page 2 of 3 not verified.

6. I am informed that the applicant's native place is in Mohalla Shahwaj Pur, Sahaswan, District Badaun, Uttar Pradesh which is approximately 200 kilometres from Delhi.

7. Having regard to the aforesaid facts and circumstances and taking a compassionate view in light of the fact that the applicant's mother has passed away, I am of the view that the applicant ought to be taken in custody to his native place to participate in the tenth day ceremony of his mother and be brought back after the ceremony is over on the same day.

8. The application is therefore disposed of with the direction that the applicant will be taken in custody to his native place above mentioned on 27.04.2022 and will be brought back upon the conclusion of the tenth day ceremony on the same day. The applicant will remain at his residence in the above mentioned village. The policemen accompanying the applicant may go in plain clothes. The expenses involved will be borne by the applicant.

9. As far as the fortieth day ceremony on 27.05.2022 is concerned, no directions in that regard are passed at present. It is open to the applicant to make an application before the Trial Court in that regard after the implementation of the present order.

10. A copy of this order be transmitted to the concerned Jail Superintendent.

PRATEEK JALAN, J APRIL 25, 2022/'hkaur'/ Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:25.04.2022 20:53:51 BAIL APPLN. 1266/2022 Page 3 of 3

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Delhi High Court - Orders