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Judgment
S.S. Sudhalkar, J.
Crl. Misc. No. 6352 of 1997 seeking exemption from filing certified copies is allowed subject to just exceptions.
Heard learned counsel for the petitioner and the learned Advocate for the State.
In view of the fact that earlier challan was not filed by the police against the petitioner and only during reinvestigation, his name figures as an accused, leaving merits to be decided at the trial, I find that anticipatory bail can be granted to the petitioner. However, to protect the interests of the prosecution/investigation, the conditions mentioned below require to be incorporated.
In view of this position, this petition is allowed. It is ordered that in case of arrest of the petitioner in connection with FIR No. 166 dated 27.9.1995 of Police Station Jakhal, District Hisar, for the offences under Sections 15/61/95 of the N.D.P.S. Act, he be released on bail by the police on his furnishing bail bonds in the sum of Rs. 50,000/ with one surety in the like amount.
It would be open to the Investigating Officer to file an application for police remand if he considers it proper and the learned Magistrate would decide it on merits.
The petitioner shall cooperate with the police and remain present in the police station whenever so required by the police with prior notice to him in writing.
If the petitioner goes out from the place of his residence for more than two days, he shall inform the police station in advance in writing regarding the same.
This order shall remain in force for a period of 90 days from today. If the petitioner is not arrested during this period, he is at liberty to approach this Court again for extension of this order.
The petitioner shall remain present at Police Station Jakhal, District Hisar on 14.4.1997 at 10.00 a.m. initially.