Himachal Pradesh High Court
Shri Surjeet Kumar vs State Of H.P. By Granting Interim Bail ... on 7 March, 2022
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
ON THE 7th DAY OF MARCH, 2022
BEFORE
.
HON'BLE MR. JUSTICE VIVEK SINGH THAKUR
CRIMINAL MISC. PETITION (MAIN) NO. 116 Of 2022
Between:-
SH. HARISH KUMAR
AGED ABOUT 23 YEARS,
S/O SHRI SURJEET KUMAR,
R/O VILLAGE MANDYALI,
POST OFFICE & TESHIL
SHRI NAINA DEVI JI,
DISTRICT BILASPUR,
HIMACHAL PRADESH.
THROUGH HIS FATHER NAMELY
SHRI SURJEET KUMAR .....PETITIONER
S/O SHRI RAM LAL,
R/O VILLAGE MANDYALI, POST OFFICE
& TESHIL SHRI NAINA DEVI JI,
DISTRICT BILASPUR,
HIMACHAL PRADESH.
(BY SH.RAJIV RAI, ADVOCATE)
AND
STATE OF HIMACHAL PRADESH
.....RESPONDENT
THROUGH IT'S SECRETARY (HOME),
HIMACHAL PRADESH
(BY SH.RAJU RAM, DEPUTY ADVOCATE
GENERAL)
Whether approved for reporting?
Reserved on: 24.02.2022
Decided on: 07.03.2022
This petition coming on for pronouncement this day,
the Court passed the following:
ORDER
Petitioner has approached this Court, invoking provisions of Section 439 of Cr.P.C., seeking bail in case FIR No. 5 ::: Downloaded on - 07/03/2022 20:13:00 :::CIS 2 of 2020, dated 5.1.2020, registered in Police Station Banjar, District Kullu, H.P., under Sections 20 and 25 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (hereinafter .
referred to as 'NDPS Act').
2. An alternative prayer has been made for granting interim bail for seven months to enable the petitioner to complete his B.Pharma Degree.
3. Learned counsel for the petitioner has submitted that in case this Court does not find favour to enlarge the petitioner on regular bail then petitioner can be enlarged on interim bail till completion of last Semester i.e. end of June, 2022, enabling him to complete minimum attendance of lectures mandatory for appearing in last Semester of B. Pharma Degree.
4. Status report stands filed. As per prosecution case, petitioner was found travelling in Scorpio bearing No. CH-03S-
6098 along with three others, namely Naresh Kumar, Shashi Pal and Tanu Kumar. Naresh Kumar was driving the vehicle, Shashi Pal was sitting on front seat alongwith driver, whereas Tanu Kumar and petitioner Harish Kumar were sitting on the rear seat.
5. According to prosecution case, during checking of documents of vehicle, Naresh Kumar and Shashi Pal had thrown a bag on rear seat, and Tanu Kumar and petitioner Harish Kumar had tried to hide the said bag, which was checked on suspicion, wherefrom 1.605 Kilograms of Charas was recovered.
Resultantly, FIR was registered and petitioner alongwith co-
accused was arrested on 5.1.2020. It has further been stated ::: Downloaded on - 07/03/2022 20:13:00 :::CIS 3 that in the trial next date for recording evidence has been fixed as 04.05.2022.
6. It has been submitted on behalf of petitioner that .
before arrest petitioner was in seventh Semester of B. Pharma and during his detention he was permitted to appear in re-
appear examination of B. Pharma vide order dated 4.6.2021 passed in Cr.M.P. (M) No. 972 of 2021, titled Harish Kumar Vs. State of H.P. by granting interim bail w.e.f. 21.6.2021 to 6.8.2021 with direction to surrender on or before 6.8.2021 by 4:00 P.M. in the prison wherefrom he was released.
7. It has been further stated by learned counsel for the petitioner that petitioner had also approached this Court for interim bail by filing Cr.M.P.(M) No.2291 of 2021, so as to enable him to get admission in 8th Semester of B.Pharma course and this Court had enlarged him on interim bail up to 07.01.2022 vide order dated 18.12.2021 with certain conditions including direction to surrender on or before 07.01.2022 before 4.00 p.m. in the Jail wherefrom he had to be released and petitioner after getting admission in 8th Semester of B.Pharma course had surrendered as directed and now he is in judicial custody.
8. It has been submitted that petitioner has completed seven Semesters of B. Pharma Course. To substantiate his plea, petitioner has placed on record Mark Sheets Annexure P-5 (colly), issued by I.K. Gujral Punjab Technical University, to which Shivalik College of Pharmacy, Nangal has been affiliated, in which petitioner is studying. These mark sheets have been ::: Downloaded on - 07/03/2022 20:13:00 :::CIS 4 issued on 26.8.2021 and 27.10.2021 and pertains to examination of 1, 2, 4, 5, 6 and 7 Semesters. It has been further submitted on behalf of petitioner that mark sheets of various Semesters were .
issued for the examinations held in June, July and August, 2020, result whereof has been notified on 26.8.2021 and though, these examinations were to be scheduled in April, 2021, however, due to Covid-19 Pandemic, examinations were delayed and were conducted in June, July and August, 2021.
9. Petitioner has placed on record a certificate dated 30.12.2021 issued by Principal Shivalik College of Pharmacy Nangal, District Ropar (annexure P-10), wherein it has been certified that petitioner has been enrolled in B.Pharmacy 8th Semester in IKG Punjab Technical University on depositing `5000/- through Demand Draft vide receipt No.3664 dated 28.12.2021 and as per academic calendar regular classes of B.Pharmacy 8th Semester would be starting from 05.01.2022 and readmission of the petitioner has been approved by the University to attend the classes regularly and to complete 75% compulsory attendance for final examinations to be held in May/June, 2022.
10. Learned counsel for the petitioner has submitted that conduct of the petitioner in past as well as in jail also warrants that petitioner be given a chance to acquire the qualification, so that after conclusion of trial in case he is acquitted or in case of his conviction after completion of serving of sentence, on release from jail he may get a chance for rehabilitation. A certificate of ::: Downloaded on - 07/03/2022 20:13:00 :::CIS 5 Deputy Superintendent, Jail, dated 26.11.2021 has also been placed on record as Annexure P-14, wherein conduct and behavior of petitioner has been commended for doing services in .
jail without any wages in various activities of jail.
11. In aforesaid circumstances, as prayed, petitioner is granted interim bail w.e.f. his release from the jail on furnishing bail bonds, till 01.07.2022 or last date of examination whichever is earlier, subject to following conditions, including any other further condition imposed by the trial Court if any:-
(i) That the petitioner shall furnish personal bond in the sum of `50,000/- with two sureties each in the like amount to the satisfaction of trial Court/Judicial Magistrate having jurisdiction of concerned Police Station;
(ii) that the petitioner 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 him/her from disclosing such facts to Court or to any Police Officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;
(iii) that the petitioner shall not obstruct the smooth progress of the further investigation/ trial;
(iv) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;
(v) that the petitioner shall not misuse his liberty in any manner;::: Downloaded on - 07/03/2022 20:13:00 :::CIS 6
(vi) that the petitioner shall not jump over the bail;
(vii) that the petitioner shall keep on informing about the change in address, landline number and/or mobile number, if any, for his .
availability to Police and/or during trial;
(viii) that the petitioner shall not visit any other places, except the places where his visit is necessary and ancillary to complete B. Pharma Course and rest of time he shall remain at his home;
(ix) that petitioner shall surrender before 4.00 p.m., on 01.07.2022 or immediately one day after the last date of examination whichever is earlier, in the jail wherefrom he shall be released; and
(x) that in case trial is concluded before expiry of period of interim bail, then interim bail granted to the petitioner shall be subject to final outcome of the trial and in case of his conviction he has to surrender for serving sentence as per direction issued by the trial Court and in that eventuality bail bonds furnished by the petitioner in sequel to this order shall stand cancelled and consequently interim bail, shall also stand cancelled.
12. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.
::: Downloaded on - 07/03/2022 20:13:00 :::CIS 713. In case the petitioner violates any conditions imposed upon him, his interim bail shall be liable to be cancelled.
In such eventuality, prosecution may approach the competent .
Court of law for cancellation of bail, in accordance with law.
14. Learned trial Court is directed to comply with the directions issued by the High Court, vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.
15. Observations made in this petition hereinbefore shall not affect merits of the case in any manner and are strictly confined for the disposal of the bail application.
16. The petitioner is permitted to produce copy of order downloaded from the High Court website and the trial Court shall not insist for certified copy of the order, however, it may verify the order from the High Court website or otherwise.
The petition stands disposed of in the aforesaid terms.
Dasti copy on usual terms.
(Vivek Singh Thakur), Judge.
March 7, 2022 (Purohit) ::: Downloaded on - 07/03/2022 20:13:00 :::CIS