Rajasthan High Court - Jodhpur
Gagandeep @ Goldy vs State Of Rajasthan on 18 June, 2021
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Criminal Misc. Interim Bail Application No. 6821/2021
Gagandeep @ Goldy S/o Sh. Naresh Kumar Arora, Aged About
32 Years, 6/j/32, Jawahar Nagar, Agrasen Chowk, Sri
Ganganagar, Dist. Sri Ganganagar. (Lodged In Central Jail, Sri
Ganganagar).
----Petitioner
Versus
State Of Rajasthan, Through Pp
----Respondent
For Petitioner(s) : Mr.JK Haniya on VC
Mr. Vinod Kumar Sharma, Mr. D.K.
Gaur, Mr. Shambhoo Singh Rathore,
Mr. Vikram Singh Rajpurohit, Mr.
B.Ray Bishnoi, Mr. Hanuman
Choudhary, Mr. D.S. Thind, Mr. Vishal
Sharma, Mr. Firoz Khan, Mr. N.K.
Gurjar, Mr. Ambalal - on VC
For Respondent(s) : Mr. Mahipal Bishnoi, Mr. Anil Joshi, Mr.
Mukesh Trivedi, Mr. Gaurav Singh -
Public Prosecutors
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
(VACATION JUDGE) Order Reportable 18/06/2021
1. In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.
2. Heard learned counsel for the parties and perused the material available on record.
3. The petitioner has been arrested in connection with FIR No.121/2019 of Police Station Suratgarh City, District Sri Ganganagar for the offences punishable under Section 8/22 of (Downloaded on 19/06/2021 at 08:17:58 PM) (2 of 7) [CRLMB-6821/2021] NDPS Act. He has preferred this interim bail application under Section 439 Cr.P.C.
4. Learned counsel for the petitioner submits that the petitioner's mother is suffering from cancer and sessions of chemotherapy are going on. Learned counsel further submits that earlier the petitioner has been released on interim bail for four times and has duly complied with all the conditions of such interim bail. He thus, prays that the petitioner may be granted interim bail for a period of two months.
5. Learned Public Prosecutor opposes the interim bail application, but is not in a position to refute the aforesaid factual matrix.
6. This Court, after seeing the documents on record and noticing the medical condition of the petitioner's mother, is inclined to grant interim bail for a period of two months to the present petitioner.
7. In view of the above, the present interim bail application is disposed of and it is ordered that the accused- petitioner Gagandeep @ Goldy S/o Sh. Naresh Kumar Arora arrested in connection with FIR No.121/2019 of Police Station Suratgarh City, District Sri Ganganagar shall be released on interim bail for a period of two months from the date of his actual release on his furnishing personal bond of Rs.2,00,000/- with two sound and solvent sureties of Rs.1,00,000/- each (out of which one shall be of accused-petitioner's close family member) to the satisfaction of learned trial court that he will surrender before the concerned Jail Authorities immediately after completion of two months of interim bail.
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8. Let this bail application be again listed on 27.08.2021, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall be required to submit the compliance of this order.
9. At this stage, learned Public Prosecutors, Mr. Mahipal Bishnoi, Mr. Anil Joshi, Mr. Gaurav Singh and Mr. Mukesh Trivedi present before this Court have jointly submitted that the details available in the interim/temporary bail application(s) preferred before this Hon'ble Court, being sought on the grounds, like medical condition of the concerned petitioner or medical condition of his family member, marriage of family member and other immediate reasons requiring presence of the petitioner, are not suffice to make effective, comprehensive and early adjudication of such bail application(s), resulting into delay in release of the concerned petitioner and consequential delay in the purpose, which may be treatment, last rites, some social functions like marriage etc., and thus, may cause grave misery to the concerned petitioner as well as his family member. Learned Public Prosecutors, thus, seek invocation of inherent powers of this Hon'ble Court conferred under Section 482 Cr.P.C., while requesting this Court to pass necessary directions, so that the interim/temporary bail application(s) preferred before this Hon'ble Court can have an exhaustive and comprehensive factual matrix before it, while making adjudication.
10. Learned Public Prosecutors further submitted that if the complete details, as aforementioned, are provided in the application(s) seeking interim/temporary bail or the impugned order(s) of the learned trial court(s), then the purpose of preferring such interim/temporary bail application(s) would be (Downloaded on 19/06/2021 at 08:17:58 PM) (4 of 7) [CRLMB-6821/2021] more effectively met with. Learned Public Prosecutors assured this Court that upon such information having been made available in the interim/temporary bail application(s) or in the impugned order(s) of the learned trial court(s), more effective assistance can be provided by the prosecution to this Hon'ble Court for early and effective adjudication of such bail applications.
11. On such oral prayer being made by the learned Public Prosecutors before this Court, while invoking the inherent powers conferred under Section 482 Cr.P.C, this Court invited the suggestions from the members of the Bar on the aforesaid crucial issue, whereupon Advocates Mr. Vinod Kumar Sharma, Mr. D.K. Gaur, Mr. Shambhoo Singh Rathore, Mr. Vikram Singh Rajpurohit, Mr. B.Ray Bishnoi, Mr. Hanuman Choudhary, Mr. D.S. Thind, Mr. Vishal Sharma, Mr. Firoz Khan, Mr. N.K. Gurjar and Mr. Ambalal provided their valuable assistance to this Court.
12. The learned counsels on both sides have suggested that the learned trial courts be directed to compile all the necessary and complete details of the grounds mentioned in the interim/temporary bail application(s), so that an effective and early adjudication of such bail applications can be made.
13. Thus, this Court directs that all the learned trial courts in the State shall, while allowing or rejecting the interim/temporary bail application(s) of any accused person, seek and compile, in a tabular form, all the necessary details in a comprehensive manner. The parameters, which need to be observed, as per the applicability in the facts and grounds of the interim/temporary bail application(s), are as follows:-
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(a) Previous criminal antecedent(s) of the concerned petitioner.
(b) Whether the petitioner has any background of being a history-sheeter and/or hardcore offender.
(c) Whether any previous interim/temporary bail(s) have been granted to the concerned petitioner, and if granted, for how long, and also whether the concerned petitioner surrendered in time.
(d) The concerned Jail authorities shall be required to provide a report regarding conduct of the concerned petitioner in Jail alongwith the schedule of previous releases of the concerned petitioner on interim/temporary bail, if any.
(e) The details regarding the immediate family of the concerned petitioner shall also be noticed, so that the requirement of the petitioner can be adjudged.
(f) In regard to the assessment of custodial release, in case of illness of the concerned petitioner or his family member, the details to be provided, shall include the duration of treatment, operation or any surgical intervention, if required. The date(s) of operation or any such surgical intervention, if required, shall also be provided. The list of medical record produced by the concerned petitioner is also required to be furnished. The verification of the medical record shall be required to be made by a Government Doctor.
(g) The details of the family member(s) of the concerned petitioner shall also be required to be attested by the concerned Patwari or Gram Sewak, and any other details which are necessary for the grounds, on which the concerned petitioner is seeking interim/temporary bail.
(h) Any other information, which is relevant to the grounds mentioned in the interim/temporary bail application(s).
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(6 of 7) [CRLMB-6821/2021] Such compilation of details shall be mandatory only if the perspective of the grounds mentioned in the interim/temporary bail application(s) are connected to it.
14. The necessity of giving the aforesaid directions was to enable this Court to precisely decide the duration, schedule, requirement and feasibility of releasing the petitioner efficaciously, which shall enable him to complete the task at hand, be it last rites of a close family member or any critical treatment for himself or his family member, or any other eventuality.
15. The aforementioned comprehensive tabular chart, incorporating all the details, as directed in this order, shall be the requirement of disposal of any interim/temporary bail application by the learned courts below in the State of Rajasthan. It is also directed that the learned Public Prosecutors all over the State shall also use their good offices and make all endeavour to procure and collect the aforementioned detailed information well in advance in every case of interim/temporary bail, so as to enable the courts to have a definite and correct information in regard to the case of interim/temporary bail.
16. Thus, with a view to have a compilation of all the aforementioned necessary and complete information for the purpose of synchronizing the details in regard to interim/temporary bail application(s) to enable the courts to make a quick and effective adjudication thereof, this Court further directs that a certified copy of this order shall be conveyed by the Registry of this Hon'ble Court to all learned District & Sessions Judges of the State, who shall ensure the immediate implementation of this order amongst all the judicial officers and (Downloaded on 19/06/2021 at 08:17:58 PM) (7 of 7) [CRLMB-6821/2021] all courts in their respective jurisdiction, which are hearing the bail applications. The certified copy of this order shall also be conveyed to the Director (Prosecution) of the State, for necessary compliance, amongst the learned Public Prosecutors all over the State of Rajasthan. A certified copy of this order shall also be sent to the Director General of Police, Rajasthan as well as the Director General (Prisons), Rajasthan, for necessary compliance.
17. This Court also directs that if any interim/temporary bail application is preferred directly before this Court, then it shall be the duty of the learned counsel for the concerned petitioner to provide the necessary information, as per the aforesaid direction, well in advance to the learned Public Prosecutor, and in case, such advance information is not provided by learned counsel for the concerned petitioner, then the learned Public Prosecutor shall have a right to seek an adjournment in the concerned case, until such information comes on record.
18. The Registry of this Hon'ble Court shall file compliance of the aforesaid directions before this Court on 27.08.2021, when the matter is otherwise ordered to be listed.
(DR.PUSHPENDRA SINGH BHATI), VJ.
30-Skant/-Sudheer/-
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