IN THE HIGH COURT OF RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Gagandeep – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Misc. Interim Bail Application No. 6821/2021
Decided On : 18-06-2021
Criminal Procedural Code, 1973 - Section 439, 482 - Bail application – Savings of inherent powers of High court - Petitioner's mother is suffering from cancer and sessions of chemotherapy are going on - Petitioner has been released on interim bail for four times and has duly complied with all conditions of such interim bail – He thus, prays that petitioner may be granted interim bail for a period of two months – Held, compilation of all aforementioned necessary and complete information for purpose of synchronizing details in regard to interim/temporary bail application(s) to enable courts to make a quick and effective adjudication thereof, Court further directs that a certified copy of this order shall be conveyed by Registry of this Hon'ble Court to all learned District & Sessions Judges of State, who shall ensure immediate implementation of this order amongst all judicial officers and all courts in their respective jurisdiction, which are hearing bail applications - The certified copy of this order shall also be conveyed to Director (Prosecution) of State, for necessary compliance, amongst learned Public Prosecutors all over State of Rajasthan - A certified copy of this order shall also be sent to the Director General of Police, Rajasthan as well as Director General (Prisons), for necessary compliance - Bail application disposed of.
ORDER :
Pushpendra Singh Bhati, J.
1. In the wake of second surge in the COVID-19 cases, the Court is functioning virtually and abundant caution is being maintained for the safety of all concerned.
2. Heard learned counsel for the parties and perused the material available on record.
3. The petitioner has been arrested in connection with FIR No. 121/2019 of Police Station Suratgarh City, District Sri Ganganagar for the offences punishable under Section 8/22 of NDPS Act. He has preferred this interim bail application under Section 439 Cr.P.C..
4. Learned counsel for the petitioner submits that the petitioner's mother is suffering from cancer and sessions of chemotherapy are going on. Learned counsel further submits that earlier the petitioner has been released on interim bail for four times and has duly complied with all the conditions of such interim bail. He thus, prays that the petitioner may be granted interim bail for a period of two months.
5. Learned Public Prosecutor opposes the interim bail application, but is not in a position to refute the aforesaid factual matrix.
6. This Court, after seeing the documents on record and noticing the medical condition of the petitioner's mother, is inclined to grant interim bail for a period of two months to the present petitioner.
7. In view of the above, the present interim bail application is disposed of and it is ordered that the accused- petitioner Gagandeep @ Goldy S/o Sh. Naresh Kumar Arora arrested in connection with FIR No. 121/2019 of Police Station Suratgarh City, District Sri Ganganagar shall be released on interim bail for a period of two months from the date of his actual release on his furnishing personal bond of Rs. 2,00,000/- with two sound and solvent sureties of Rs. 1,00,000/- each (out of which one shall be of accused-petitioner's close family member) to the satisfaction of learned trial court that he will surrender before the concerned Jail Authorities immediately after completion of two months of interim bail.
8. Let this bail application be again listed on 27.08.2021, and on that date, learned Public Prosecutor and learned counsel for the petitioner shall be required to submit the compliance of this order.
9. At this stage, learned Public Prosecutors, Mr. Mahipal Bishnoi, Mr. Anil Joshi, Mr. Gaurav Singh and Mr. Mukesh Trivedi present before this Court have jointly submitted that the details available in the interim/temporary bail application(s) preferred before this Hon'ble Court, being sought on the grounds, like medical condition of the concerned petitioner or medical condition of his family member, marriage of family member and other immediate reasons requiring presence of the petitioner, are not suffice to make effective, comprehensive and early adjudication of such bail application(s), resulting into delay in release of the concerned petitioner and consequential delay in the purpose, which may be treatment, last rites, some social functions like marriage etc., and thus, may cause grave misery to the concerned petitioner as well as his family member. Learned Public Prosecutors, thus, seek invocation of inherent powers of this Hon'ble Court conferred under Section 482 Cr.P.C., while requesting this Court to pass necessary directions, so that the interim/temporary bail application(s) preferred before this Hon'ble Court can have an exhaustive and comprehensive factual matrix before it, while making adjudication.
10. Learned Public Prosecutors further submitted that if the complete details, as aforementioned, are provided in the application(s) seeking interim/temporary bail or the impugned order(s) of the learned trial court(s), then the purpose of preferring such interim/temporary bail application(s) would be more effectively met with. Learned Public Prosecutors assured this Court that upon such information having been made available in the interim/temporary bail application(s) or in the impugned order(s) of the learned trial court(s), more effective assistance can be pr
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