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(2021) Law Today Live Doc. Id. 16273
in CRA-S-773-SB of 2011
Decided on: 25.06.2021
Present:
Mr. Sube S. Kaushik, Advocate for the applicant/appellant.
Mr. Vivek Saini, Addl. AG, Haryana.
(The proceedings are being conducted through video conferencing, as per instructions.)
Code of Criminal Procedure, 1973 (2 of 1974), Section 389 – NDPS case -- Recovery of 93 Kgs of poppy straw -- Interim bail in pending appeal -- To attend mother for her medical treatment -- Applicant was convicted on 17.09.2010 also for a period of 10 years and due to said fact he has remained in custody throughout and his sentence started running thereafter on completion of earlier sentence -- Applicant allowed interim bail for a period of one week.
(Para 4, 5)
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1. The present application has been filed for interim bail during the pendency of the present appeal, on the ground that the applicant's mother is not well and his application for suspension of sentence CRM-2562-2021 is pending for 27.07.2021.
2. Counsel for the applicant has referred to the medical certificate attached alongwith the application dated 08.06.2021 (Annexure A-1) to submit that he wishes to attend his mother for her medical treatment. It is further submitted that sentence of co-accused Jagtar Singh has already been suspended in his appeal filed by him while referring to the order dated 26.09.2013 (Annexure A-2).
3. Counsel for the State has submitted that the petitioner is presently lodged in District Jail, Mansa and, therefore, the custody certificate as such could not be produced as had been undertaken on 04.06.2021.
4. Counsel for the applicant further submits that the recovery is only of 93 Kgs of poppy straw. It is submitted that the applicant was convicted by the Special Judge, Sangrur on 17.09.2010 also for a period of 10 years and due to said fact he has remained in custody throughout and his sentence started running thereafter on completion of earlier sentence.
5. Accordingly, keeping in view the above, the present application is allowed and applicant is allowed interim bail for a period of one week. He shall be released on bail on furnishing of heavy bail bonds/surety bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Bhiwani. He shall surrender a week after he has been released by the Jail Superintendent.
6. CRM stands disposed of.
Application allowed.
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