2019 (2) TMI 1158 - HC - Indian Laws

Petitioner Granted Interim Bail for Wife's Medical Emergency

The court granted the petitioner interim bail for four weeks upon providing a bail bond of Rs. 25,000 with similar surety due to his wife's urgent medical ... Grant of interim bail - bail sought on the ground of illness of his wife - seizure of Heroin - case of the prosecution is that an information was received that one parcel booked with DHL Express Limited from Delhi to Spain was containing drugs - Held that:- Fresh status report has been filed with regard to the family members of the wife of the petitioner. Though the status report indicates that there are family members, however, learned counsel appearing for the respondent submits that as per his instructions they are not residing with her - the petitioner is entitled to interim bail for a period of four weeks. The petitioner shall be released on interim bail for a period of four weeks from the date of his release - petition allowed. Issues:1. Petitioner seeking interim bail for wife's illness in a drug-related case.Analysis:The petitioner sought interim bail for four weeks citing his wife's illness. The prosecution's case involved a seized parcel with drugs sent from Delhi to Spain via DHL Express Limited, containing 575 grams of heroin. The co-accused revealed the petitioner's involvement in booking the parcel and named another accomplice. The petitioner's wife's medical condition, distal urethral stricture, required urgent surgery with a one-week admission and three-week recovery time at Ram Manohar Hospital. The petitioner, married to an Indian national with two minor children, argued for bail based on permanent family ties, ensuring no misuse of bail.A fresh status report on the wife's family members indicated they were not residing with her, as per the respondent's counsel. Considering the circumstances and status report, the court granted interim bail for four weeks upon the petitioner furnishing a bail bond of Rs. 25,000 with a surety of the same amount. Conditions included not prejudicing the trial or prosecution witnesses, informing the Investigating Officer of the wife's hospital admission details, weekly reporting to the NCB office, and surrendering to the Jail Superintendent after the bail period.The judgment concluded by disposing of the petition under the specified terms, with an order for Dasti under the Court Master's signatures.