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2022 Supreme(Raj) 381

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
PUSHPENDRA SINGH BHATI, J.
Rajasthan High Court through Registrar (Writs), Rajasthan High Court, Jaipur & Ors. - Applicants
Versus
State of Rajasthan, Through PP - Respondent
S.B. Criminal Misc. Application No. 58 of 2022 in S.B. Criminal Misc. Interim Bail Application No. 6821 of 2021
Decided On : 01-08-2022

Advocates Appeared:
For the Applicant :Dr. Sachin Acharya, Sr. Advocate assisted by Mr. Chayan Bothra.
For the Respondent: Mr. Gaurav Singh, P.P.

Headnote:

Constitution of India, 1950 – Article 21 – Criminal Procedure Code, 1973 – Section 438, 439 – Narcotic Drugs and Psychotropic Substances Act, 1985 – Section 8/22 – Criminal Misc. Application has been preferred under Section 482 read with Section 439 Cr.P.C praying for reliefs – Above-numbered interim bail application was preferred by bail applicant under Section 439 Cr.P.C. seeking his interim release on account of illness of his mother, in connection with F.I.R. for offences punishable under Section 8/22 N.D.P.S. Act, 1985 lodged at Police Station – Held, Court further observes that directions/guidelines so issued by this Court vide order under recall was with view to secure ends of justice, and ensure that interim bail applications are considered on an equal pedestal, and in no manner, take away discretion of learned Trial Courts below and are not counter productive as contended by learned Senior Counsel, as it would better assist learned Trial Courts below in deciding interim bail applications expeditiously, based on tabulated compilation presented before them – This Court also observes nature of directions as issued by Hon’ble High Court of Judicature of Allahabad, in case of State of (supra) are different from those framed by this Court in order impugned, and squarely fall within ambit of inherent powers of this Court to secure ends of justice, as under Section 482 Cr.P.C – Dismissed.

JUDGMENT :

1. This Criminal Misc. Application has been preferred under Section 482 read with Section 439 Cr.P.C praying for the following reliefs:-

    “It is, therefore, most respectfully and humbly prayed that the application may kindly be allowed and the order dated 18.06.2021 may be recalled to the extent of the prescription of directions/guidelines for tabulation of information while deciding the interim/temporary bail application(s).

Further, the Rajasthan High Court registry may kindly be dispensed with the requirement to circulate the order dated 18.06.2021 to the District/Sessions Court across the state as well as other police authorities.”

2. This above-numbered interim bail application was preferred by the bail applicant Gagandeep @ Goldy under Section 439 Cr.P.C. seeking his interim release on account of illness of his mother, in connection with F.I.R. No. 121/2019 for the offences punishable under Section 8/22 N.D.P.S. Act, 1985 lodged at Police Station Suratgarh City, District Sriganganagar.

3. Dr. Sachin Acharya, learned Senior Counsel assisted by Mr. Chayan Bothra, appearing on behalf of the present applicant submitted that the matter came up for consideration before this Court on 18.06.2021, and on that date, this Court while allowing the interim application was pleased to issue certain directions/ guidelines to be followed by the learned Trial Court below while disposing of interim/temporary bail applications.

3.1 Relevant portion of the aforesaid said order, as referred to by the leaned Senior Counsel is reproduced as under:-

    “13. Thus, this Court directs that all the learned trial courts in the State shall, while allowing or rejecting the interim/temporary bail application(s) of any accused person, seek and compile, in a tabular form, all the necessary details in a comprehensive manner.

The parameters, which need to be observed, as per the applicability in the facts and grounds of the interim/temporary bail application(s), are as follows:

(a) Previous criminal antecedent(s) of the concerned petitioner.

(b) Whether the petitioner has any background of being a history-sheeter and/or hardcore offender.

(c) Whether any previous interim/temporary bail(s) have been granted to the concerned petitioner, and if granted, for how long, and also whether the concerned petitioner surrendered in time.

(d) The concerned Jail authorities shall be required to provide a report regarding conduct of the concerned petitioner in Jail alongwith the schedule of previous releases of the concerned petitioner on interim/temporary bail, if any.

(e) The details regarding the immediate family of the concerned petitioner shall also be noticed, so that the requirement of the petitioner can be adjudged.

(f) In regard to the assessment of custodial release, in case of illness of the concerned petitioner or his family member, the details to be provided, shall include the duration of treatment, operation or any surgical intervention, if required. The date(s) of operation or any such surgical intervention, if required, shall also be provided. The list of medical record produced by the concerned petitioner is also required to be furnished. The verification of the medical record shall be required to be made by a Government Doctor.

(g) The details of the family member(s) of the concerned petitioner shall also be required to be attested by the concerned Patwari or Gram Sewak, and any other details which are necessary for the grounds, on which the concerned petitioner is seeking interim/temporary bail.

(h) Any other information, which is relevant to the grounds mentioned in the interim/temporary bail application(s).

Such compilation of details shall be mandatory only if the perspective of the grounds mentioned in the interim/temporary bail application(s) are connected to it.”

14. The necessity of giving the aforesaid directions was to enable this Court to precisely decide the duration, schedule, requirement and feasibility of releasing the petitioner efficaciously, which

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