Imran Ahmed Wani v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on: 11.08.2023 Imran Ahmed Wani ...PeƟƟoner

Versus

State of Punjab

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Randeep Singh Waraich, Advocate for the peƟƟoner. Mr. Karunesh Kaushal, AAG, Punjab.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police StaƟon SecƟons 26.05.2022 Sadar Khanna, District 22, 25, 27 of the NDPS Act Ludhiana 1.

The peƟƟoner incarcerated in the FIR capƟoned above, has come up before this Court under SecƟon 439 CrPC seeking regular bail. An applicaƟon bearing CRM No. 28651 of 2023 for grant of interim bail for a period of three months on the ground that his wife is suffering from thyroid cancer is also filed. 2.

In paragraph 16 of the bail peƟƟon, the accused declares that he has no criminal antecedents.

3.

While opposing the interim bail, the State does not dispute the factum of the medical condiƟon of wife of the peƟƟoner on which the peƟƟoner is seeking interim bail.

4.

Counsel for the peƟƟoner submits that this Court granted thrice interim bail to peƟƟoner on the ground of medical condiƟon of his wife, who is suffering from thyroid cancer and her condiƟon is deterioraƟng day by day due to which her surgery is deferred and she is advised to first undergo for whole body pet scan, therefore, the peƟƟoner confines his prayer for grant of 3 months of interim bail at this stage.

5.

Counsel for the peƟƟoner prays for interim bail by imposing any stringent condiƟons, including the condiƟon that Ɵll the conclusion of the trial before the trial court, the peƟƟoner shall keep only one mobile number, which is linked to AADHAR card and within fiŌeen days of release from prison, shall disconnect all other mobile numbers. The peƟƟoner contends that the further pre-trial incarceraƟon would cause an irreversible injusƟce to the peƟƟoner and family. 6.

AŌer carefully analysing the maƩer, this court is of the considered opinion that the peƟƟoner is enƟtled to the interim bail Ɵll 11.11.2023, subject to the condiƟon that the peƟƟoner shall not press the main peƟƟon at this stage and aŌer surrendering on 11.11.2023 by 2 p.m., it shall be open for him to file a fresh bail peƟƟon under secƟon 439 CrPC on merits.

7.

Without commenƟng on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons menƟoned above, the peƟƟoner makes a case for limited period interim bail, subject to the following terms and condiƟons, which shall be over and above and irrespecƟve of the contents of the form of bail bonds in chapter XXXIII of CrPC, 1973.

8.

Given above, provided the accused is not required in any other case, the peƟƟoner shall be released on interim bail in the FIR menƟoned above, subject to furnishing a personal bond of Rs. Twenty-five thousand (INR 25,000/-) to the saƟsfacƟon of the concerned Court/ Judicial Magistrate having the jurisdicƟon over the Police StaƟon conducƟng the invesƟgaƟon, and in case of non-availability, any nearest Ilaqa Magistrate/duty Magistrate. Before accepƟng the sureƟes, the concerned Court must saƟsfy that if the accused fails to appear in Court, then such surety is capable of producing the peƟƟoner before the Court.

9.

On the reverse page of personal bonds, the aƩesƟng officer shall menƟon the permanent address of the peƟƟoner along with the phone number linked with the AADHAR card, the other phone numbers (if any), and e-mail (if any). In case of any change in the above parƟculars, the peƟƟoner shall immediately and not later than 30 days from such modificaƟon, inƟmate about the change to the concerned Police StaƟon and the concerned Court.

10.

The peƟƟoner shall not influence, browbeat, pressurize, make any inducement, threat, or promise, directly or indirectly, to the witnesses, the police officials, or any other person acquainted with the facts and the circumstances of the case, to dissuade them from disclosing such facts to the police, or the court, or to tamper with the evidence.

11.

PeƟƟoner is further directed to comply with their undertaking as reflected in the beginning of this order and also directed not to obtain more than one mobile number Ɵll the conclusion of trial. If the peƟƟoner fails to comply with this condiƟon, then on this ground alone, the bail might be canceled, and the State shall file applicaƟon for the cancellaƟon of bail.

12.

Given the nature of the allegaƟons and the other circumstances peculiar to this case, the peƟƟoner shall surrender all weapons, firearms, ammuniƟon, if any , along with the arms license to the concerned authority within ten days from release from prison and inform the InvesƟgator about the compliance. However, subject to the Indian Arms Act, 1959, the peƟƟoner shall be enƟtled to renew and take it back in case of acquiƩal in this case, provided otherwise permissible in the concerned rules. 13.

Given the nature of the allegaƟons and the other circumstances peculiar to this case, the peƟƟoner shall not enter the property, workplace, and the residence of the vicƟm and shall also not enter within a radius of one-hundred meters from the vicƟm's home during the period of this interim bail. This Court is imposing this condiƟon to rule out any aƩempt by the accused to incapacitate, influence, or cause any discomfort to the vicƟm. Reference be made to Vikram Singh v Central Bureau of InvesƟgaƟon, 2018 All SCR (Crl.) 458); and Aparna BhaƩ v. State of Madhya Pradesh, 2021 SCC Online SC 230.

14.

Any Advocate for the peƟƟoner and the Officer in whose presence the peƟƟoner puts signatures on personal bonds shall explain all condiƟons of this bail order in any language that the peƟƟoner understands.

15.

Any observaƟon made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 16.

The peƟƟoner shall surrender in prison from where he was released, on or before 11.11.2023, by 2 p.m.

17.

There would be no need for a cerƟfied copy of this order for furnishing bonds, and any Advocate for the PeƟƟoner can download this order along with case status from the official web page of this Court and aƩest it to be a true copy. In case the aƩesƟng officer wants to verify the authenƟcity, such an officer can also verify its authenƟcity and may download and use the downloaded copy for aƩesƟng bonds.

CRM-28651-2023 is allowed. The main peƟƟon is disposed of with liberty to file a fresh aŌer surrender. The disposal of the present peƟƟon shall not stand in the way of filing and considering the fresh peƟƟon. All pending applicaƟons, if any, stand disposed.

(ANOOP CHITKARA) JUDGE 11.08.2023 JyoƟ-II Whether speaking/reasoned:

Yes Whether reportable:

No.