Punjab and Haryana High Court allows drug case accused interim bail for wife’s delivery

Tribune News Service

Saurabh Malik

Chandigarh, December 8

In an out-of-the-ordinary order, the Punjab and Haryana High Court today paved way for a man to be with his wife for delivery by allowing his interim bail plea after making it clear that he would deposit Rs 10 lakh security, along with bail/surety bonds.

Justice Arvind Singh Sangwan asserted that the petitioner was arrested on September 6 and the investigation was going on. A formal complaint was yet to be filed and the petitioner had volunteered to deposit Rs 10 lakh as security with the trial court/Chief Judicial Magistrate for granting interim bail for the delivery and also to take care of his three-year-old daughter. His mother was also critically ill.

“This court is of the opinion that the petitioner can be granted the concession of interim bail,” Justice Sangwan added.

Appearing on his behalf before Justice Sangwan’s Bench, senior advocate Randeep Rai, with counsel Gautam Dutt and Farhad Kohli, prayed for 30-day interim bail in a case under the provisions of the Narcotic Drugs and Psychotropic Substances Act as the delivery was due in December first week.

Senior standing counsel for respondent-Union of India Sourabh Goel handed over to the Bench a communication given to him by the investigating officer wherein the pregnancy of the petitioner’s wife and his mother’s ailments were verified. Goel, at the same time, submitted the petitioner’s father was available and could take care of his wife.

Disposing of the plea, Justice Sangwan asserted that the deposit of security amount would be a pre-condition before furnishing bail/surety bonds. The petitioner would surrender before the Superintendent, district prison, by 5 pm on January 2, 2023.

In case he failed to surrender by then, the security amount would stand forfeited to the State. Besides, he would every day mark his presence before the SHO or incharge of the police station concerned.

“During this period, in case the complainant/prosecution arrests any other accused and for the purpose of investigation, the petitioner is required, on a notice to be given to him, he will immediately appear before the investigating officer,” Justice Sangwan added.

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