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2021 DIGILAW 1497 (RAJ)

Banshi Lal v. State of Rajasthan

2021-08-13

DEVENDRA KACHHAWAHA

body2021
ORDER 1. The present interim bail application has been filed under Section 439 Cr.P.C. on behalf of the petitioner, who is in judicial custody in connection with F.I.R. No.76/2020, Police Station Karwad, District Jodhpur, registered for the offence under Section 8/15 of NDPS Act. 2. Heard learned counsel for the petitioner and learned Public Prosecutor present in person. Perused the material available on record. 3. In compliance of earlier order dated 06.08.2021 passed by this Court, learned Public Prosecutor has submitted factual report and verified the fact that petitioner's wife is suffering from serious decease but also stated that as per factual report, nine other family members are available in petitioner's family to take care of petitioner's wife. 4. In reply, learned counsel for the petitioner stated that since accused-petitioner is husband and his wife is suffering from serious gynaecological problem, therefore other family members cannot properly take care and assist petitioner's wife in her required treatment. Therefore, he prayed that interim bail for a period of one month may be granted to the accused-petitioner. 5. Having regard to the facts and circumstances of the case and in the interest of justice, without expressing any opinion on the merits/demerits of the case, I deem it just and proper to enlarge the accused-petitioner on interim bail under Section 439 Cr.P.C. only for a period of 15 days from the date of his actual release. 6. Accordingly, the interim bail application filed under Section 439 Cr.P.C. is allowed and it is directed that accused-petitioner -Banshi Lal S/o Sh. Mahi Ram, shall be released in connection with FIR No.76/2020, Police Station Karwad, District Jodhpur, on interim bail for a period of 15 days from the date of his actual release from prison on usual terms and conditions to be imposed by the concerned Jail Superintendent and concerned Superintendent of Jail is directed to ensure surrender of the accused-petitioner provided he furnishes a personal bond in the sum of Rs.2,00,000/-along with two sound and solvent sureties of Rs. 1,00,000/- (out of which one shall be of a close family member) each to the satisfaction of the concerned Jail Superintendent on usual conditions. The concerned Jail Superintendent shall be at liberty to impose any other usual terms and conditions for surrender of the petitioner in prison.