Himachal Pradesh High Court
Smt. Sudha Devi vs To The Government Of Himachal Pradesh on 7 December, 2021
Author: Ajay Mohan Goel
Bench: Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7th DAY OF DECEMBER, 2021
.
BEFORE
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
CRIMINAL MISC. PETITION (MAIN) No. 2248 of 2021
Between:-
SMT. SUDHA DEVI, AGED 35 YEARS,
WIFE OF RAGHUBIR SINGH,
RESIDENT OF VILLAGE HIGHTLA,
POST OFFICE NGEDH, TEHSIL BAIJNATH,
DISTRICT KANGRA, HIMACHAL PRADESH.
r ....PETITIONER
(BY SH. BHUPINDER AHUJA, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
THROUGH SECRETARY HOME
TO THE GOVERNMENT OF HIMACHAL PRADESH ,
SHIMLA, HIMACHAL PRADESH ....RESPONDENT
(MR. SUMESH RAJ,
ADDITIONAL ADVOCATE GENERAL AND
MR. KAMAL KANT CHANDEL,
DEPUTY ADVOCATE GENERAL)
This petition coming on for order this day, the
Court passed the following:
ORDER
By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of regular bail in FIR No. 107 of 2019, dated ::: Downloaded on - 31/01/2022 23:23:54 :::CIS 2 18.11.2019, registered at Police Station Banjar, District Kullu, H.P. under Sections 20 & 25 of the Narcotic Drugs and .
Psychotropic Substances Act, 1985 (hereinafter referred to as the 'ND&PS Act' for short).
2. Status report already stands filed which is on record.
3. Mr. Bhupender Ahuja, learned Counsel for the petitioner at the very outset has submitted that though the quantity allegedly recovered in the present case is commercial but the prayer of the petitioner for grant of bail is on medical grounds. He has submitted that recently the petitioner has undergone two operations and under these circumstances it will be in the interest of justice in case this petition is allowed and the petitioner is released on bail so that she can be properly looked after by her family. He has made statement to the Court that in the event of the present petition being allowed the petitioner shall not leave the State of Himachal Pradesh without express leave of the Trial Court/Special Court.
4. Opposing the bail petition, Mr. Sumesh Raj, learned Additional Advocate General has argued that ::: Downloaded on - 31/01/2022 23:23:54 :::CIS 3 taking into consideration the gravity of the offence alleged against the petitioner, the petition deserves dismissal.
.
5. On 2.12.2021, this Court had passed the following order:
"By way of this petition, the petitioner has prayed for grant of bail in Case FIR No. 107 of 2019, dated 08.11.2019, registered at Police Station Banjar, District Kullu, Himachal Pradesh, under Sections 20 & 25 of NDPS Act, primarily on the ground that the petitioner who has undergone two surgeries while in custody requires proper home care and in view of the nature of the surgeries so performed, it will be in the interest of justice in case this petition is allowed and the petitioner is ordered to be released on bail so that she can be looked after properly by her family.
Before the case is heard any further, learned Additional Advocate General is directed to file an affidavit of the appropriate authority as to whether the petitioner has undergone the surgeries as mentioned in the petition and if yes, then what is the nature of the surgeries.
Taking into consideration, the urgency which has been urged by Mr. Bhupender Ahuja, learned counsel for the petitioner in the matter, it is ordered that needful be done by the next date of hearing. List on 07.12.2021"::: Downloaded on - 31/01/2022 23:23:54 :::CIS 4
6. In compliance thereto, affidavit has been filed by the Assistant Superintendent Jail, District Jail Hamirpur, H.P., .
perusal of which demonstrates that in the month of August, 2021, surgery was performed on the petitioner for o stium secundum ASD, and thereafter in the month of October, 2021, operation of Gall Bladder Disease (GSD) was also performed upon her. Otherwise in terms of this affidavit, the petitioner is stated to be in good medical condition and the medicines prescribed by the Doctors are still continuously being administered to her.
7. Having heard learned counsel for the parties and perused the status report as well as affidavit filed by the Assistant Superintendent Jail, District Jail, Hamirpur, this Court is of the considered view that in the peculiar facts it would be in the interest of justice in case this petition is allowed and the petitioner is ordered to be released on bail so that she can be looked after by her family in view of her medical condition. Ordered accordingly. Therefore, this petition is allowed and the petitioner is ordered to be released on bail in FIR No. 107 of 2019, dated 18.11.2019, registered at Police Station Banjar, District Kullu, H.P. under ::: Downloaded on - 31/01/2022 23:23:54 :::CIS 5 Sections 20 & 25 of the ND&PS Act, on her furnishing personal bail bond to the tune of ` 50,000/- (rupees fifty .
thousand) with one surety in the like amount to the satisfaction of the learned trial Court, within a period of two weeks from today, subject to the following conditions:-
i) Petitioner shall attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;
ii) She shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever.
iii) She shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to the Court or the Police Officer; and
iv) She shall not leave the territory of Himachal Pradesh without express leave of the Trial Court.
8. The statement made by the learned Counsel for the petitioner that petitioner shall not leave the State of Himachal Pradesh without express leave of the Trial Court is also taken on record.
9. It is clarified that findings which have been returned by this Court while deciding this petition are only ::: Downloaded on - 31/01/2022 23:23:54 :::CIS 6 for the purpose of adjudication of the present bail petition and learned trial Court shall not be influenced in any .
manner whatsoever by any of the findings so returned by this Court in the adjudication of this petition during the course of the trial of the case. It is further clarified that in case the petitioner does not comply with any of the conditions, which have been imposed upon her while granting the present bail, the State shall be at liberty to approach this Court for the cancellation of the bail. The petition stands disposed of in the above terms.
Copy dasti.
(Ajay Mohan Geol), Judge.
December 07 , 2021 (PK) ::: Downloaded on - 31/01/2022 23:23:54 :::CIS