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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Mr. Justice Ranjan Sharma, J
Chiranji Lal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ranjan Sharma, J.
Bail petitioner [Chiranji Lal], who is in custody since 28.01.2024, has come up before this Court under Section 483 of BNSS, seeking interim bail originating from FIR No.22 of 2024 dated 28.01.2024 registered under Section 21 and 29 of NDPS Act at Police Station Sadar, District Mandi.
2. Precisely the case is that the petitioner was driving a car bearing Registration No.HP76-2450 along with Rajmal from Padhar towards Mandi. The police raiding party intercepted. Upon search, heroine weighing 288 grams was recovered from the dickey of the said vehicle. Consequently, after completing all codal formalities, both the accused including the petitioner were arrested on 28.01.2024.
3. Now, in instant petition, it is the case of petitioner that his real brother, namely, Vikash, has passed away on 10.04.2025 and petitioner is the only male member in the family, as his father has also expired and therefore, the bail petitioner [Chiranji Lal] has to perform the post death rituals of his deceased brother, which are scheduled for 27.04.2025, as per the certificate furnished by Up- Pradhan, Gram Panchayat Urla, Tehsil Darang at Padar, District Mandi. It is in this backgrou
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 purpose of bail is reformative, allowing participation in significant family events, and denial should not be punitive.
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 may extend interim bail on humanitarian grounds despite prior violations of bail conditions, especially in cases of personal bereavement requiring familial obligations.
Interim bail can be granted based on compassionate grounds, such as a family member's medical emergency, subject to conditions ensuring the accused's accountability.
The court may grant temporary bail based on family circumstances and the absence of breach of previous bail conditions.
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