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2023 Supreme(Raj) 1029

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
Dr. Pushpendra Singh Bhati, J.
Dinesh – Appellant
Versus
State of Rajasthan – Respondent
S.B. Criminal Miscellaneous Bail Application No. 293 of 2023
Decided On : 09-01-2023

Advocates Appeared:
Sunil Vishnoi, Advocate, Arun Kumar, Advocate

The court considered the humanitarian grounds and the specific circumstances of the accused in granting interim bail.

Headnote:

Interim Bail - NDPS Act - The court granted interim bail to the accused for 12 days to perform the last rites of his deceased mother.

Fact of the Case:

The petitioner was arrested for offences under the NDPS Act. He applied for interim bail citing the death of his mother and the need to perform last rites.

Finding of the Court:

The court considered the report of the Public Prosecutor and the circumstances of the case, and granted the petitioner interim bail for 12 days to perform the last rites of his deceased mother.

Issues: Interim bail application due to the death of the petitioner's mother.

Ratio Decidendi: The court balanced the circumstances of the case and the need for the accused to perform the last rites of his deceased mother in granting interim bail.

Final Decision: The court ordered the accused to be released on interim bail for 12 days to perform the last rites of his deceased mother, subject to certain conditions.

JUDGMENT

Dr. Pushpendra Singh Bhati, J. - The petitioner has been arrested in connection with FIR No.02/2022 of Police Station Nokha, District Bikaner for the offences punishable under Sections 8/21 & 29 of NDPS Act. He has preferred this interim bail application under Section 439 Cr.P.C.

2. Learned counsel for the petitioner submits that mother of the petitioner had expired on 01.01.2023. He further submits that for completion of last rites, the interim bail application of the petitioner may be allowed.

3. Learned Public Prosecutor though opposes the interim bail application but affirms the fact that death of mother of the petitioner had occurred on 01.01.2023.

4. The report furnished by the learned Public Prosecutor is taken on record.

5. On consideration of the report placed by the learned Public Prosecutor and having regard to the overall facts and circumstances of the case, this Court is of the opinion that the petitioner deserves to be enlarged on interim bail for a period of 12 days from the date of his actual release.

6. In view of the above, the present interim bail application is disposed of and it is ordered that the accused- petitioner Dinesh S/o Ramu Ram, arrested in connection with FIR No.02/2022 of Police Station Nokha, District Bikaner shall be released on interim bail for a period of 12 days 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 12 days of interim bail.

7. Let this bail application be again listed on 30.01.2023, and on that date, learned Public Prosecutor shall be required to submit the compliance of this order.

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