Criminal Procedure Code, 1973
Sections 439 & 482—Interim bail—Case registered under the NDPS Act for alleged recovery of ganja in commercial quantity—Prayer for grant of interim bail on the ground that petitioner wants to participate in the funeral rites of his father—Court while granting bail in cases involving commercial quantity will have to bear in mind the parameters laid down under Section 37 of the NDPS Act—Section 37 of the NDPS Act applies not only for grant of bail but also for grant of interim bail—Though the petitioner’s request for grant of interim bail is declined but the court is mindful of the petitioner’s fundamental rights—As a son, the petitioner will have to participate in the final rites of his father—Even a dead person must be deemed to possess certain rights—A dead person is entitled to dignified cremation/burial—Right to practice one’s religion is guaranteed fundamental right under Article 25 of the Constitution of India—Even while rejecting the petitioner’s request for grant of interim bail, the Superintendent, Central Prison directed to make appropriate arrangements, so that the petitioner can take part in the final rights of his father—Since the petitioner’s father is no more, the petitioner may have to console and be consoled—It is directed that escort team shall maintain reasonable distance and also respect the privacy of the petitioner.
[Paras 8, 9, 10, 13 & 15]