Punjab & Haryana High Court Grants Interim Bail To NDPS Act Accused To Look After Wife Expecting A Child

The Punjab and Haryana High Court on Thursday granted interim bail to an Accused booked under the NDPS Act to accompany his pregnant wife whose delivery date is soon due.

The bench of Justice Arvind Singh Sangwan ordered him to deposit Rs.10.00 lacs as a security amount along with bail/surety bonds as a pre-condition for being released.

Essentially, the Court was dealing with the plea of one Rajan Sondhi (booked under various sections of the NDPS Act) seeing interim bail for 30 days on account of the fact that his wife is expecting to deliver a baby in the first week of December 2022.

It was also submitted that his mother is suffering from multiple health-related ailments and is unable to take care of the pregnant wife also, he is having three years old minor daughter and at this stage when his wife is expecting a delivery, it is difficult for her to take care of the minor daughter.

On the other hand, the Sr. Standing Counsel for the respondent-UOI submitted that though the pregnancy of his wife as well as the ailments of his mother is verified, however, since his father is available, he can take care of the wife of the petitioner.

Another apprehension shown by Sr. Standing Counsel was that since the two partners of Shree Murlidhar Industries (involved in the case with the petitioner) are still absconding, therefore, if the petitioner is granted interim bail, he might temper with the evidence or influence the witnesses to stall the investigation.

However, noting that since the prayer was limited to the extent of granting interim bail, the Court found it appropriate to grant him interim bail on the pre-condition of depositing a sum of Rs.10.00 lacs as security, for the delivery of his wife and also to take care of his three years old minor daughter.

Accordingly, this petition was allowed and the petitioner was directed to be released on interim bail till 02.01.2023, subject to the condition he will surrender back on or before 02.01.2023 and in case he fails to do so, a security amount of Rs.10.00 lacs shall stand forfeited to the State.

Further, he has been directed that during the period of interim bail, he will not leave the jurisdiction of District Yamuna Nagar and on every day, he will mark his presence before the SHO or Incharge, Police Station City Jagadhri before 05.00 pm.

Case title - Rajan Sondhi v. Union of India and another [CRM-M-56874-2022 (O&M)]

Case Citation: 2022 LiveLaw (PH) 319

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