Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(P&H) 1161

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Alka Sarin, J.
Navneet Kumar - Appellant
Versus
State Of Haryana - Respondent
CRM-M No. 2015 of 2022
Decided On : 04-02-2022

Advocates:
Mr. Gaurav Antwal, Advocate for the Appellant; Mr. Viney Phogat, DAG Haryana.

The court has the discretion to grant interim bail under Section 439 of the Code of Criminal Procedure, 1973 based on the specific circumstances of the case.

Headnote:
Interim Bail - Narcotic Drugs and Psychotropic Substances Act, 1985 - The court granted interim bail to the petitioner under Section 439 of the Code of Criminal Procedure, 1973 to meet his wife and child for a period of 15 days.
Fact of the Case:

The petitioner filed a petition for interim bail to meet his pregnant wife and child. The wife had delivered a baby girl and left the hospital against medical advice, residing with the petitioner's in-laws.
Finding of the Court:

The court granted interim bail to the petitioner for 15 days to meet his wife and child, subject to furnishing bail bonds with a heavy surety.
Issues: Grant of interim bail under Section 439 of the Code of Criminal Procedure, 1973 in a case under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Ratio Decidendi: The court considered the circumstances of the petitioner's wife delivering a baby and leaving the hospital against medical advice, and the apprehension of the petitioner jumping bail, in granting interim bail for a limited period.
Final Decision: The petitioner was granted interim bail for 15 days to meet his wife and child, with a direction to surrender before the jail authorities on a specified date.

JUDGMENT

Alka Sarin, J. (Oral) - Heard through video conferencing.

2. The present petition has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of interim bail to the petitioner in FIR No.248 dated 03.11.2021 under Section 17 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Nathusari Chopta, District Sirsa.

3. It has been averred in the petition that wife of the petitioner was pregnant and her delivery was expected on or before 24.01.2022.

4. Status report has been filed by learned State counsel wherein it has been stated that wife of the petitioner delivered a baby girl on 19.01.2022 and thereafter she left the hospital against medical advice. Both mother and minor child are now residing with the petitioner's in-laws.

5. Learned State counsel has pointed out that parents of wife of the petitioner are residents of Rajasthan and wife of the petitioner along with the child is also residing with them in Rajasthan and there is apprehension that the petitioner would jump bail.

I have heard learned counsel for the parties.

6. In view of the above stated facts, I deem it appropriate to dispose off the present petition with a direction that the petitioner be released on interim bail in order to meet his wife and child for a period of 15 days from today, subject to his furnishing bail bonds with a heavy surety to the satisfaction of the Trial Court/Duty Magistrate concerned. The petitioner shall surrender before the jail authorities on 19.02.2022 before 05.00 p.m.

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