Directorate of Revenue Intelligence v. Amitkijmar Singh

482 Cr.P.C. has, been filed by the petitioner assailing the order dated 02.1i;2017 passed by Special Judge,.NDPS, Saket Court, New Delhi 'wherebythe respondent was granted extension ofinterim bail. Learned counsel for the petitioner submits that the Trial Court ; > while granting extension ofinterim bail failed to consider the principle laid down by theDiGsion Bench ofthis Courtin Criminal Reference NO. 1/2015 titled as "AtharParvez Vs. State",wherein it was held that: \ ' "20. Having considered the case,law on the subject, we are inclined to answer the reference in the following manner; ■ . [1] The triah or the' appellate Courts after conviction are entitled to'grant"interim" bail to the ; , accused/,;convict when, exceptional and extra- , ordinary , circumstances would justify this indulgence. The power is to be sparingly used, . when intolerable grief and suffering in the given facts mayjustify temporary release. 2017:DHC:8279 V [2] While rejecting or accepting an application for grant of"interim" bail, tlie trial / appellate Courts will keep in mind the strict provisions of Section - , 37/32A ofthe NDPS Actand only wherithere are , conipelling reasons which would justify and require the grant of "interim" bail, should the application be allowed. The Court must take into account whether or not the accused/convict is ; likely to commitorindulge in similar viplations. ,[3] While examining the-question of grant of "interim" bail, the.Court would conisider whether sending accused / convict in police custody would be suffice and.meets the ends ofjustice,keeping in ^ ^ view the nature of the offence with which the vf accused is charged or/and the past conduct ofthe accused. . [4] Where "interini" bail should be given,it would be granted for minimal time deservedly necessary and can be subject to certain conditions. Interim bail is interim or for a short duration Learned counsel for the respondent submits that the interim bail .granted to the resppndent is till 16.11.2017 and the respondent will have to surrender tomorrow. - Learned counsel for the petitioner submits" that there is every likelihood ofthe respondent seeking further extension ofthe interim bail granted to him vide order dated 02.11.2017 till 16.11.2017. Heard. , " , . The argument of learned .counsel for the petitioner that the respondent may seek further extension ofinterim bailholds no ground as .it is open to the respondent to take appropriate legal remedy available to him under law. . . Ih yiew ofthe fact that the interim bail expires on 16.11.2017 and the respondent is required to surrender tomorrow, no further order is called for. The present petition stands disposed ofwith aboye observations. Copy of the,order be giyen dasti to both the parties as prayed, underthe signatures ofCourt Master. NOVEMBER 15,2017 gr SANGim^HIWRA SEHGAL,J 1 / /

JUDGMENT