Himachal Pradesh High Court
Dilo Begum vs State Of H.P on 25 April, 2019
Author: Sureshwar Thakur
Bench: Sureshwar Thakur
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.MP(M) No. 438 of 2019
.
Decided on : 25.4.2019
Dilo begum .....Petitioner
Versus
State of H.P. ....Respondent.
Coram:
The Hon'ble Mr. Justice Sureshwar Thakur, Judge.
Whether approved for reporting?1
For the petitioner:
r Mr. Inder Rana, Advocate.
For the respondent: Mr. Hemant Vaid & Mr. Desh Raj
Thakur, Addl. A.Gs. with Mr. Y.S.
Thakur and Mr. Vikrant Chandel, Dy.
A.Gs.
Sureshwar Thakur, J (oral)
The instant petition has been instituted by the bail petitioner under Section 439 Cr.P.C, for, hers' being ordered to be released from judicial custody, wherein she is extantly lodged, for, her allegedly committing offence(s) punishable under Sections 20, 25, and, Section 29 of the ND&PS Act, in respect whereof, FIR No. 273 of 2016 of 16.12.2016, is lodged, at Police Station, Sadar, District Chamba, Himachal Pradesh.
2. An apt status report has been filed by the Investigating Officer. It is portrayed in the status report, that, the quantum of the 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 26/04/2019 22:14:18 :::HCHP -2-relevant item of contraband, recovered, from the conscious and .
exclusive possession of the bail applicant, hence weighing 2 KG 10 gram of charas, and, the quantity of purified resin thereof, as, found in the exhibit, being 18.76%, (a) and, after separating/excluding, the afore quantum, of, pure resinous substance, as carried in the afore quantum of charas/cannabis, the quantum thereof, also rather falling within the category of less, than, commercial quantity thereof.
Consequently, when the pure resinous substance, as found, in the total haul of the contraband, hence falls within the category of less, than commercial quantity or intermediate quantity thereof, (b) hence bearing in mind the afore parameter, this Court is constrained to, afford facility of bail, visavis, the bail applicant, given there being no statutory bar against granting of bail qua any relevant item of contraband, upon, its falling within less than commercial quantity thereof. Moreso when the afore findings are in tandem with, a, verdict recorded qua coaccused, one Nasir Mohammad, upon Cr.M.P(M) No. 138 of 2019.
3. Moreover, when also at this stage, no material, has been placed on record, by the prosecution, demonstrating that in the event of bail being granted to the petitioner/bail applicant, there being every likelihood of her fleeing from justice or tampering with prosecution evidence, thereupon this Court is constrained to afford, ::: Downloaded on - 26/04/2019 22:14:18 :::HCHP -3- the facility of bail in favour of the petitioner/bail applicant.
.
Accordingly, the petitioner/bail applicant is ordered to be released from judicial custody, subject to compliance by her with the following conditions:
i) That she shall furnish personal bond in the sum of Rs.
5,00,000/, with three sureties in the like amount to the satisfaction of the learned Special Judge, concerned.
ii) That she shall join the investigation, as and when required by the Investigating agency.
iii) That she shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade her from disclosing such facts to the Court or to the Police.
iv) That she shall not leave India without the prior permission of the Court.
v) That she shall deposit her passport, if any, with the Police Station, concerned.
vi) That upon her reindulging in crime, thereupon the State is at liberty for motioning this Court, for cancellation of bail.
::: Downloaded on - 26/04/2019 22:14:18 :::HCHP -4-vii). That in case of violation of any of the conditions, the .
bail granted to the bail applicant shall be forfeited and she shall be liable to be taken into custody.
4. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above.
Dasti copy.
(Sureshwar Thakur)
r Judge
25th April, 2019
(kck)
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