ORDER

Learned counsel for the respondent/CBN submitted verification report.

2/ The petitioner has filed present petition under section 482 of Cr.P.C for extension of period of temporary bail on the ground of death of applicant's brother and on the ground of further treatment of applicant's minor son.

3/ Brief fact of the case is that the applicant is facing trial for the offence under sections 8/15, 8/18, 25 and 29 of NDPS Act and he is in custody since 27/08/2021. Earlier, vide order dated 19/12/2023 passed in MCRC no. 54188/2023, he has been enlarged on temporary bail for the period of one month for better treatment of his minor son and the period of temporary bail will expire on next 19/01/2024 4/ Learned counsel for the applicant submits that the applicant's minor son is seriously ill and has been diagnosed with Epilepsy and admitted for further treatment at District Hospital, Ratlam on 08/01/2024. Dr. Ravi Divekar opined that health condition of the applicant's son is deteriorating day by day.

For the said purpose, family support as well as oral and psychological support is required. During the said period, unfortunately Narayan, brother of the applicant has died on 12/01/2024, therefore, presence of the applicant is required for various last rituals of him. Hence it is prayed that temporary bail period of the applicant be extended for further one month.

5/ Learned counsel for the respondent/CBN opposes the application and prays for its rejection by submitting that son of the applicant is completely fit and CBN examined Dr. Ravi Divekar, who has given certificate. Dr. Divekar admits in his statement that applicant's son is not required for any surgery and he is not posted at Alot, Ratlam and not authorized for issuing the certificate regarding it, therefore, this application has been filed on false and fabricated ground, therefore, the applicant is not required to extend the period of temporary bail.

6/ Heard learned counsel for both the parties and perused the documents of medical treatment.

7/ From perusal of the medical documents and other treatment documents, it appears that applicant's minor son Garv has been admitted in District Hospital, Ratlam for treatment and his treatment is still going on. The applicant has filed so many documents, certificate and diagnosis test reports to prove medical requirement to the son of the applicant. Dr. Divekar, who is Chief Division Medical Officer posted at Ratlam, has certified that the applicant's son is suffering from epilepsy. The same is supported by other medical documents. There is nothing on record to disbelieve all the medical documents on record, which were prepared by Dr. Divekar and other treating doctors during the treatments 8/ It is also deposed by Deepak and Piyush, who are the relatives of the deceased Narayan that Narayan who is real brother of the applicant has died on 12/01/2024 and the applicant was remained present for last rituals on 14/01/2024 at Jaipur and applicant's presence is required for further rituals 9/ Taking note of the fact that applicant's son is still admitted in hospital; he required further treatment and real brother of the applicant has died and some rituals are still going on, this application is allowed and the period of temporary bail already granted to the applicant vide order dated 19/12/2023 passed in MCRC No.54188/2023 is hereby extended for a further period of 30 days. The applicant is directed to surrender before the trial Court immediately after expiry of 30 days period, failing which the trial Court shall take appropriate steps to take the applicant in custody.

10/ Present MCRC stands disposed of accordingly.

11/ A copy of this order be sent to the trial Court concerned for necessary information and compliance.

CC as per rules.

(ANIL VERMA) JUDGE amol