Punjab-Haryana High Court
Mohd. Jamil @ Zeela vs State Of Punjab on 27 June, 2022
Author: Anoop Chitkara
Bench: Anoop Chitkara
CRM-M-32259-2021 1
208 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-32259-2021(O&M)
Date of Decision: 27.06.2022
Mohd. Jamil @ Zeela ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. Vikas Arora, Advocate
for the petitioner.
Mr. Amitoj Singh Dhaliwal, DAG, Punjab.
****
ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections 43 02.04.2021 Amargarh, District 18/21/22/29 of NDPS Act, Sangrur 1985 CRM-22054-2022
In view of the contents and prayer clause, application for preponement is allowed. Main petition alongwith CRM-21309-2022 taken on board today itself. CRM-22056-2022 Allowed as prayed for. Annexure A-3 is taken on record.
CRM-M-32259-2021 & CRM-21309-2022
1. The petitioner under arrest for violating the provisions as mentioned above of Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act), per the FIR captioned above, has come up before this Court under Section 439 CrPC seeking bail.
2. During the petition's pendency, the accused has filed an application for interim bail on the medical grounds that his kidneys are not functioning normally and he is on routine dialysis.
3. Ld. Counsel appearing for the State, after verification of the medical condition, does not dispute it.
4. In response to the Court's query regarding surrender on the expiry of interim bail, Ld. counsel for the petitioner submitted that he would be confining his prayers to the interim bail and he be given liberty to file regular bail after surrender.
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5. An analysis of the medical record justifies the interim bail till Aug 31, 2022.
6. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for limited period interim bail, subject to the following terms and conditions, which shall be over and above and irrespective of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.
7. Given above, provided the accused is not required in any other case, the petitioner shall be released on interim bail in the FIR mentioned above, subject to furnishing a personal bond of Rs. Twenty-five thousand (INR 25,000/-) to the satisfaction of the concerned Court/ Judicial Magistrate having the jurisdiction over the Police Station conducting the investigation, and in case of non-availability, any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the sureties, the concerned Court must satisfy that if the accused fails to appear in Court, then such surety is capable of producing the petitioner before the Court.
8. On the reverse page of personal bonds, the attesting officer shall mention the permanent address of the petitioner along with the phone number linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above particulars, the petitioner shall immediately and not later than 30 days from such modification, intimate about the change to the concerned Police Station and the concerned Court.
9. The petitioner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the police, or the court, or to tamper with the evidence.
10. Immediately on reaching home/venue, the petitioner shall procure a smartphone and inform its IMEI number and other details to the SHO/I.O. of the Police station mentioned above. The petitioner shall always keep the phone location/GPS on the "ON" mode. Whenever the Investigating officer asks to share the location, the petitioner shall immediately do so. The petitioner shall neither clear the location history, WhatsApp chats, call logs nor format the phone without permission of the concerned SHO/I.O. This condition shall continue till surrender.
11. Given the nature of the allegations and the other circumstances peculiar to this case, the petitioner shall surrender all weapons, firearms, ammunition, if any, along 2 2 of 3 ::: Downloaded on - 28-06-2022 20:57:56 ::: CRM-M-32259-2021 3 with the arms license to the concerned authority within ten days from release from prison and inform the Investigator about the compliance. However, subject to the Indian Arms Act, 1959, the petitioner shall be entitled to renew and take it back in case of acquittal in this case, provided otherwise permissible in the concerned rules.
12. It is clarified that in case the petitioner does not mend his ways and repeats the offence or indulge in criminal behaviour, then in all future matters, the concerned courts shall keep it as a factor that this court had afforded a limited period bail on but he did not mend ways.
13. Any Advocate for the petitioner and the Officer in whose presence the petitioner puts signatures on personal bonds shall explain all conditions of this bail order in any language that the petitioner understands.
14. Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments.
15. The petitioner shall surrender in prison from where he was released, on or before Aug 31, 2022, by 4 p.m.
16. There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds.
The main petition is disposed of with liberty to file fresh after surrender. All pending applications, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
27.06.2022
Ali
Whether speaking/reasoned: Yes
Whether reportable: No.
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