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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
Rajendra Prakash Soni, J.
Govind Sukhwal S/o Shri Ramchandra Sukhwal - Petitioner
Versus
Union Of India, Through NCB – Respondent
S.B. Criminal Misc. Interim Bail Application No. 12292/2024
Decided On : 26-09-2024
INTERIM BAIL - NDPS ACT - The court granted interim bail to the petitioner for three days on humanitarian grounds to allow participation in the 12th day rituals after the death of his grandmother, despite opposition from the public prosecutor regarding the risk of flight. The court emphasized the importance of justice and compassion in its decision-making process.
Fact of the Case:
The petitioner, Govind Sukhwal, sought interim bail to attend the 12th day rituals following his grandmother's death, which occurred on 17.09.2024. He is currently facing charges under Section 8/29 of the NDPS Act.
Finding of the Court:
The court found that the request for interim bail was justified on humanitarian grounds, allowing the petitioner to participate in the rituals while imposing conditions to mitigate the risk of flight.
Issues: Whether the petitioner should be granted interim bail to attend the rituals despite the serious charges against him and the public prosecutor's concerns about potential flight.
Ratio Decidendi: The court held that humanitarian considerations can warrant the granting of interim bail, particularly in cases involving significant personal loss and cultural obligations, provided that adequate safeguards are in place.
Result: The interim bail application was allowed for three days, from 28.09.2024 to 30.09.2024, subject to the petitioner providing a personal bond and sureties.
Based on the provided legal document, the court granted interim bail to the petitioner, Govind Sukhwal, for a period of three days (from 28.09.2024 to 30.09.2024), primarily on humanitarian grounds to allow participation in the 12th day rituals following the death of his grandmother (!) (!) . The court emphasized that while serious charges under the NDPS Act were pending against him, humanitarian considerations, especially in culturally significant circumstances, can justify the granting of interim bail, provided appropriate safeguards are in place [judgement_subject].
The conditions imposed included the petitioner furnishing a personal bond of Rs. 5,00,000 and two sureties each worth Rs. 2,50,000, with at least one surety being a relative possessing valid documents of immovable property in his own name (!) . The court also mandated that the petitioner surrender himself to jail authorities after the specified period of interim bail (!) .
In summary, the court balanced the rights of the accused to participate in important cultural rituals against the concerns of flight risk, ultimately allowing temporary release on strict conditions to serve the interests of justice and humanitarian considerations [judgement_subject][ratio Decidendi].
ORDER :
Rajendra Prakash Soni, J.
1. Instant interim bail application has been filed on behalf of the petitioner for releasing him on interim bail for a period of one month on the ground to participate in the rituals of the 12th day after death of his grandmother. Petitioner is being tried for an offense punishable under Section 8/29 of NDPS Act.
2. Learned counsel appearing for the petitioner contends that the grandmother of petitioner had passed away on 17.09.2024 and as per the social customs, the 12th day rituals will be performed on 28.09.2024 and 29.09.2024, thus, the petitioner may be enlarged on interim bail to enable him to participate in rituals.
3. Learned Public Prosecutor has opposed the interim bail application asserting that there is a possibility that the petitioner may flee and abscond if interim bail is granted to him.
4. Heard the arguments advanced by learned counsel for the petitioner, learned public prosecutor and carefully perused the entire material available on record.
5. Based on the aforementioned facts, this Court is of the view that on the humanitarian ground and in the interest of the justice, the present interim bail application of the accused-petitioner deserves to be allowed and he be released on interim bail for a period of three days (28.09.2024 to 30.09.2024) on the ground stated above.
6. Consequently, present interim bail application is allowed and it is ordered that the petitioner Govind Sukhwal S/o Shri Ramchandra Sukhwal, arrested in connection with F.I.R. No. VIII(10)12/NCB/JZU/2023, of Police Station NCB, District Jodhpur, be released on interim bail for a period of three days from 28.09.2024 to 30.09.2024. This is subject to the condition that the petitioner shall furnish a personal bond to the tune of Rs. 5,00,000/- and two sound sureties, each worth Rs. 2,50,000/- to the satisfaction of the trial court. Out of which, one surety will be a relative of the applicant possessing documents of immovable property on his own name.
7. In any case, the petitioner shall surrender himself before the concerned Jail Authorities after availing the period of the aforementioned interim bail.
8. Accordingly, the present interim bail application is disposed of.
Interim bail can be granted on humanitarian grounds, balancing the rights of the accused with the interests of justice, especially in culturally significant circumstances.
The court considered the humanitarian grounds and the specific circumstances of the accused in granting interim bail.
The court granted interim bail on humanitarian grounds, emphasizing the need for emotional support and medical care for the petitioner's seriously ill father.
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