***

Cr.MP No.4199 of 2024

This is an application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, seeking exemption from filing translated copies of Annexures A-1 & A-2, which have been annexed along with application i.e. Cr.MP No.4198 of 2024.

In the interests of justice, the application is allowed and exemption as prayed for, is granted.

Application stands disposed of.

Cr.MP No.4198 of 2024

Convict, Pawan Kumar, who is undergoing sentence imposed by the Learned Additional Sessions Judge, Fast Track Special Court (Rape/POCSO), Shimla, Himachal Pradesh in Sessions Trial No.14-S/7 of 2022, vide judgment dated 30.05.2024, under Section 376 (2) (n) of the Indian Penal Code, of rigorous imprisonment for a period of ten years with fine of Rs.20,000/- and in default of payment of fine to undergo simple imprisonment against which, Criminal Appeal No.402 of 2024 is pending adjudication before this Court, has come up in these proceedings seeking interim-temporary bail, in view of Chatur Varshik Shradh, of his father i.e. late Shri Chaman Lal, which is scheduled for 14th October, 2024, at his residence located in Ward No.3, Arki, District Solan, Himachal Pradesh, which is borne out from Annexure A-1.

2. It is averred in the application that applicant-appellant would not flee away from justice in any manner. Learned counsel for the applicant, Dr. Rajesh Kumar Parmar, further submits that the applicant, being the elder son has to perform the rituals and religious obligations. It is in this background that the applicant-appellant, has prayed for, interim bail for a period of fourteen days.

3. Upon listing of this application Mr. Sanjay Dutt Vasudeva, Learned Deputy Advocate General, waives service of notice on behalf of respondent-State.

4. Learned State Counsel states that the prayer in application for interim-temporary bail for fourteen days on account of Chatur Varshik Shradh, of deceased father, which is scheduled for 14th October, 2024, appears to be excessive and the period of fourteen days may be restricted to such reasonable period as this Court deems fit and proper.

5. Taking into account the entirety of facts and circumstances as borne out from the application and the contentions raised by Learned Counsel for the applicant-appellant as well as the Learned State Counsel, this Court is of the considered view, that even a convict undergoing sentence has a right of survival and a corresponding obligation towards his family and society. Denial or curtailment or deprivation of interim release so as to enable the applicant-appellant to perform the religious obligations and rituals which are to be performed by him, shall defeat the object and intent of reformation, which is the heart and core of our criminal justice. Accordingly, the applicant-appellant has made out a case for interim bail.

6. For aforesaid reasons, the application is partly allowed, subject to the observance of the following conditions:-

(i). Respondent-State Authorities, shall send the applicant-appellant [Pawan Kumar] in custody to his home from 12th October 2024 till 20th October, 2024, forthwith;

(ii). Interim sending of the bail petitioner [Pawan Kumar] shall be along with two police personnels, who shall accompany the applicant during the period commencing from 12th October 2024 till 20th October, 2024, on which date he will be taken back to Model Central Jail, Kanda, Shimla [Himachal Pradesh], before 3:00 p.m.;

(iii). Petitioner-applicant [Pawan Kumar], shall neither indulge in the commission nor shall he abet the commission of any offence whatsoever; during the period of interim bail; in which event, the concession given by virtue of this order shall automatically stand cancelled;

(iv). The State Authorities, are free to seek modification of this Order, in case the circumstances so necessitate/arise hereinafter.

7. Registry of this Court is directed to furnish a copy of this Order to Superintendent (Jail), Model Central Jail, Kanda, Himachal Pradesh and to Superintendent of Police, Solan [H.P.] and Station House Officer, Arki, District Solan [H.P.] for compliance forthwith.

Application stands disposed of.

Criminal Appeal No.402 of 2024

List the main appeal before appropriate Bench, on 16.10.2024, i.e. the date already fixed.

Order accordingly.

********