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TMI Blog2022 (1) TMI 1278X X X X Extracts X X X X X X X X Extracts X X X X ..... apply and also on medical ground of suffering from acute diabetes. 2. Para 12 of the bail petition and status report mentions the following criminal history: Sr. No. FIR No. Date Offences Police Station 1. 232 15.08.2004 13-A/3/67 of Public Gambling Act Sadar Jalalabad 2. 197 13.12.2020 21 of NDPS Act, 1985 Sadar Jalalabad 3. 25 01.03.2016 21 of NDPS Act, 1985 Sadar Jalalabad 4. 37 27.04.2019 22 of NDPS Act, 1985 Sadar Jalalabad 5. 35 31.03.2021 379, 411 IPC & 25, 54 & 59 of Arms Act Sadar Jalalabad 3. Ld. Counsel for the petitioner contends that the petitioner is severe diabetic patient and is having swelling on his left leg, which may result into its amputation. Ld. Counsel further argued that the pre-trial ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7. In Sami Ullaha v Superintendent Narcotic Control Bureau, (2008) 16 SCC 471, the Hon'ble Supreme Court holds that in intermediate quantity, the rigors of the provisions of Section 37 may not be justified. 8. While considering each bail petition of the accused with a criminal history, it throws an onerous responsibility upon the Courts to act judiciously with reasonableness because arbitrariness is the antithesis of law. The criminal history must be of cases where the accused was convicted, including the suspended sentences and all pending First Information Reports, wherein the bail petitioner stands arraigned as an accused. In reckoning the number of cases as criminal history, the prosecutions resulting in acquittal or discharge, or wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l bonds shall continue to remain in force throughout the trial and after that in terms of Section 437-A of the Cr.P.C. 12. The possibility of the accused influencing the investigation, tampering with evidence, intimidating witnesses, and the likelihood of fleeing justice, can be taken care of by imposing elaborative and stringent conditions. In Sushila Aggarwal, (2020) 5 SCC 1, Para 92, the Constitutional Bench held that unusually, subject to the evidence produced, the Courts can impose restrictive conditions. 13. Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and on the medical grounds mentioned above, the petitioner makes a case for bail, subject to the following terms and conditions, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Station and the concerned Court. 17. The petitioner to also execute a bond for attendance in the concerned Court(s), as and when asked to do so. The presentation of the personal bond shall be deemed acceptance of the following and all other stipulations, terms, and conditions of this bail order. 18. The petitioner 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. 19. Within ten days of release from prison, the petitioner shall procure a smartphone and info ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n before this Court, and after taking cognizance, even to the Court taking cognizance or the trial Court, as the case may be, and such Court shall also be competent to modify or delete any condition. 24. This order does not, in any manner, limit or restrict the rights of the Police or the investigating agency from further investigation as per law. 25. In case the Investigator/Officer-In-Charge of the concerned Police Station arraigns another section of any penal offence in this FIR, and if the new section prescribes maximum sentence which is not greater than the sections mentioned above, then this bail order shall be deemed to have also been passed for the newly added section(s). However, suppose the newly inserted sections prescribe a se ..... X X X X Extracts X X X X X X X X Extracts X X X X
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