% (ORAL) Vide impugned order of 10th December, 2014 interim bail of respondent-accused has been extended by a period of three weeks on the ground of illness of his mother while relying upon medical certificate of a private hospital.
Learned counsel for petitioner submits that although the period of extended bail is over, but the modus operandi, which the respondent- accused is adopting for seeking bail on the ground of illness of his mother or his wife or on one ground or the other in this case needs to be deprecated and the trial court should be wary of entertaining such bail applications while relying upon medical certificates of private hospitals, which can be easily procured.
CRL.M.C. 62/2015 Page 1 It is submitted by learned counsel for petitioner that bail should be granted in genuine cases on medical grounds while relying upon medical certificates from the government hospital.
The stand taken on behalf of petitioner appears to be justified. Respondent is being prosecuted for the offence under The Narcotic Drugs and Psychotropic Substances Act, 1985 relating to recovery of 151.980 Kgs. of while colour crystal powder from the area of Air Cargo, IGI Airport, New Delhi.
Learned counsel for petitioner submits that this prohibited drug is Ketamine Hydrochloride, which comes in the Schedule of The Narcotic Drugs and Psychotropic Substances Act, 1985. It is pointed out by learned counsel for petitioner that cash amount of `1,60,00,000/- (Rupees one crore sixty lac) was also recovered.
Upon hearing and on perusal of the impugned order, I find that since the extended period of interim bail has been already expired, therefore, there is no purpose of keeping this petition pending. However, trial court be apprised of this order so that interim bail on medical grounds is granted by the courts in genuine cases and preferably upon medical certificates from government hospitals.
With aforesaid directions, this petition and the application are disposed of.
The courts below dealing with bail applications be apprised of this judgment forthwith.