Punjab-Haryana High Court
Nirbhay Singh vs State Of Haryana on 28 June, 2022
Author: Anoop Chitkara
Bench: Anoop Chitkara
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CRM-M-26693-2022
224 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-26693-2022 (O&M)
Decided on: 28.06.2022
Nirbhay Singh ...Petitioner
Versus
State of Haryana ...Respondent
CORAM: HON'BLE MR. JUSTICE ANOOP CHITKARA
Present: Mr. D.S. Gandhi, Advocate for the petitioner.
Mr. Rajat Gautam, DAG, Haryana.
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ANOOP CHITKARA, J.
FIR No. Dated Police Station Sections 187 01.03.2018 Sirsa City 21 & 22 of NDPS Act and Sections 18A, 18(c) & 27 of Drugs and Cosmetics Act, 1940
1. The petitioner under arrest for violating the provisions as mentioned above of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), as 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 for his medical treatment being patient of Hepatitis C Virus.
3. The Ld. Counsel appearing for the State, after verification of the medical condition, does not dispute it.
4. 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.
5. An analysis of the medical record justifies the interim bail till Aug 16, 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 1 1 of 3 ::: Downloaded on - 29-06-2022 21:08:09 ::: 2 CRM-M-26693-2022 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 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.
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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 16, 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.
Petition is disposed of in the above said observations and with liberty to file fresh petition for regular bail after surrender. All pending applications, if any, stand disposed.
(ANOOP CHITKARA)
JUDGE
28.06.2022
anju rani
Whether speaking/reasoned: Yes
Whether reportable: No.
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