2021 (1) TMI 1273 - HC - Indian Laws

Seeking extension of interim bail - bail sought on medical grounds - offences under Sections 20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 - HELD THAT - As per status report dated 28.01.2021, necessary verification was done from the Head of the Department of Deen Dayal Hospital, New Delhi. Discharge summary sheet dated 25.01.2021 placed on record notes that petitioner was admitted on 13.01.2021 for anti coagulation therapy and optimization and after treatment was discharged on 25.01.2021 in stable condition. In the aforesaid discharge summary sheet, Dr. P.S.Sarang, Specialist and HOD (Surgery) has specifically stated that this treatment is also available in Tihar Jail - In view of aforesaid, the petitioner can continue his treatment within jail premises, if so required and extension of his interim bail on medical grounds is unwarranted. What is pertinent to mention here is the conduct of petitioner. Despite being on interim bail since 12.06.2021, petitioner moved bail application Bail. Appln. 3806/2020 before a Coordinate Bench of this Court seeking regular/ interim bail - this Court is informed that another petition of petitioner Bail Appln.299/2021 seeking regular bail in the same FIR case, has been filed and it is also listed before this Court today. Application dismissed.

Summary

Issues:
1. Extension of interim bail sought on medical grounds
2. Conduct of the petitioner in seeking bail extensions
3. Filing of multiple bail applications

Analysis:
1. The petitioner filed an application seeking an extension of interim bail on medical grounds due to being accused under the Narcotic Drugs and Psychotropic Substances Act. The Additional Public Prosecutor opposed the application, presenting a status report indicating the petitioner's stable physical and medical condition. The report highlighted the availability of necessary treatment within the jail premises. The petitioner's counsel argued for the extension, emphasizing the inability to provide effective care inside the jail and the completion of the investigation. The court noted the petitioner's ongoing interim bail since June 2020 and the availability of treatment at the Deen Dayal Hospital and Tihar Jail, ultimately dismissing the application for an extension of interim bail.

2. The court scrutinized the petitioner's conduct, noting that despite being on interim bail, the petitioner had previously applied for regular/interim bail, which was granted until a specified date due to stretched jail resources. Despite this, the petitioner filed another application for an extension without disclosing the previous order. The court expressed disapproval of the petitioner's actions, especially considering the filing of multiple bail applications and the lack of transparency regarding previous orders. The court found the petitioner's behavior to be against the standards expected from legal professionals.

3. Additionally, the court highlighted the filing of another petition by the petitioner seeking regular bail in the same case, which was also listed for consideration. The court criticized the petitioner's practice of filing successive bail applications, including one that was withdrawn earlier with the liberty to file a fresh petition for interim bail. The court found such practices to be unacceptable and not aligned with the expected conduct of legal practitioners. Furthermore, the court rejected the petitioner's argument that the investigation was complete and that custodial trial was unnecessary, citing the commercial nature of the recovery and the provisions of the NDPS Act. Consequently, the court dismissed the application for an extension of interim bail, emphasizing the need for adherence to professional standards and legal procedures.