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RAJENDRA PRAKASH SONI
Govind Sukhwal S/o Shri Ramchandra Sukhwal – Appellant
Versus
Union Of India, Through NCB – Respondent
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 de
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.
The court may grant temporary bail based on family circumstances and the absence of breach of previous bail conditions.
Interim bail can be granted to an under-trial for fulfilling family obligations, provided stringent conditions are imposed to ensure public safety and prevent misuse.
The court balanced the genuine need of the applicant to attend the 13th Day Ceremony with the legal requirements for granting interim bail, ultimately allowing the bail for a limited period with spec....
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