Back
MAHABIR SINGH SINDHU, AMAN CHAUDHARY
Jagdish Singh Bholla – Appellant
Versus
State of Punjab – Respondent
| Table of Content |
|---|
| 1. interim bail for last rites. (Para 1 , 2 , 3) |
| 2. opposition by the state regarding applicant's history. (Para 4 , 5) |
| 3. evidence provided for last rites is accepted. (Para 6 , 7) |
| 4. justification for allowing attendance at rites despite criminal background. (Para 8) |
| 5. detailed directions for compliance with the order. (Para 9 , 10 , 11 , 12) |
| 6. order for communication and compliance reporting. (Para 13 , 14 , 15) |
JUDGMENT
Mahabir Singh Sindhu, J.
Applications for grant of interim bail to the applicant/appellant for a period of 15 days on account of performing the last Rites/Bhog Ceremonies of his mother, who passed away on 08.06.2023.
2. Learned Senior Counsel contends that applicant/appellant is a convict and undergoing sentence imposed under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'NDPS Act') for a period of 10/12 years, respectively. However, due to mounting arrears of cases, the matters could not be heard and decided on merits despite the fact that he has already undergone sufficient period of incarceration.
Learned Senior Counsel, while making reference to para 5 of the applications, further contends that last Rites/Bhog C
The court has the discretion to grant temporary bail for attending specific events, considering the totality of the facts and circumstances of the case.
The court may grant interim bail under specific humanitarian grounds while considering the severity of drug offenses and potential flight risks.
The court upheld the petitioner's fundamental rights to participate in the funeral rites of his father, invoking Section 37(1)(b)(ii) of the NDPS Act and Section 482 of the Code of Criminal Procedure....
Interim bail can be granted on humanitarian grounds, balancing the rights of the accused with the interests of justice, especially in culturally significant circumstances.
Provisional bail granted under strict conditions during a pending conviction for serious offences.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
