NIRMAL PATHANIA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Since the petitioner had earlier made a motion before this Court, for, his being ordered to be released from judicial custody, and, the afore motion, after detailed arguments, being addressed by the learned counsel for the petitioner, and, by the learned Additional Advocate General, was, ordered to be dismissed, as, withdrawn. Further more, since there is no change, in, circumstance, since then up to the filing of the instant petition, before this Court, hence, on merits, the instant application, does not survive, and, it deserves to be dismissed, on merits.

(2.) However, this Court had, for, determining the varacity, of, submissions made by the learned counsel for the petitioner, on, instructions meted to him, by the latter, qua owing to his being continued to be incarcerated, has sequelled the ill effects of his being disabled, to, maintain his business, and, also qua there being nobody, to take care and look after his aged father, his paralytic mother, and, disabled son, hence had directed the learned Additional Advocate General, to, ensure, the, making, of a status report vis-a-vis thereon. A perusal of the status report, discloses, that, the afore submission addressed before this Court, by the learned counsel for the petitioner, on instructions, meted to him, by the petitioner, is, laden with truth.

(3.) The learned counsel for the petitioner, has, made a vehement submission, before this Court, that, the afore truthful disability entailed, upon, the family members, of, the petitioner perse leveraging him, to, make a contention before this Court, for, it proceeding to make an order, for, the petitioner being ordered to be released from judicial custody. However, primafacie, at this stage, this Court is of the view, that, the afore ground, of, critical ailments, hence besetting the family members, of, the incarcerated accused, may not be available, for, his further nursing, it, as a ground, for, the accused being ordered to be released from custody, as the same, is available only, upon, the petitioner, displaying qua critical ailment hence besetting him, and, apt recuperative facilities being not available, in, the jail concerned.