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Rajasthan High Court - Jodhpur

Harchand vs State Of Rajasthan on 7 May, 2024

Author: Farjand Ali

Bench: Farjand Ali

       HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                        JODHPUR
      S.B. Criminal Misc. Interim Bail Application No. 5133/2024

Harchand Ram S/o Shri Thakra Ram, Aged About 52 Years, R/o
Data, P.S. Sanchore, District Jalore.
(Lodged In Sub Jail Jalore)
                                                                    ----Petitioner
                                     Versus
State Of Rajasthan, Through PP
                                                                  ----Respondent


For Petitioner(s)          :     Mr. Naresh Charniya
For Respondent(s)          :     Mr. Arun Kumar, P.P.



                  HON'BLE MR. JUSTICE FARJAND ALI

Order 07/05/2024

1. The jurisdiction of this Court has been invoked by way of filing an interim application under Section 439 Cr.P.C. at the instance of accused-petitioner. The requisite details of the matter are tabulated herein below:

S.                          Particulars of the Case
No.
 1.    FIR Number                                    122/2020.
 2.    Concerned Police Station                      Karad.
 3.    District                                      Jalore.
 4.    Offences alleged in the FIR                   U/Sec. 8, 22 of NDPS Act.
 5.    Offences added, if any                        U/Sec. 25, 29 of NDPS
                                                     Act.

6. Date of passing of impugned 05.04.2024.

order

2. Learned counsel for the petitioner submits that the wife of the petitioner is suffering from Multiple Uterine Fibroids and (Downloaded on 09/05/2024 at 08:37:39 PM) (2 of 2) [CRLMB-5133/2024] Doctors have advised to go under Surgical Intervention and operation. The petitioner being the husband of the patient is need to take care of her but he can not perform his duties because of his incarceration in the instant case. Therefore, it is prayed that the petitioner may be released on bail for a temporary period.

3. Contrary to submissions made by the learned counsel for the petitioner, learned Public Prosecutor opposes the bail application.

4. Heard learned counsel for the parties and perused the material available on record.

5. No satisfactory medical record is present to convince this Court so as to release the petitioner on interim bail.

6. Considering the over all facts and circumstances of the case and looking to the nature and gravity of offence as well as availability of the material in support thereof, I am not inclined to grant interim bail to the accused petitioner.

7. Accordingly, the instant criminal misc. interim bail application filed on behalf of the petitioner under Section 439 Cr.P.C. is dismissed.

(FARJAND ALI),J Abhishek Kumar S.No.98 (Downloaded on 09/05/2024 at 08:37:39 PM) Powered by TCPDF (www.tcpdf.org)