Punjab-Haryana High Court
Sham Lal vs State Of Punjab on 4 October, 2013
Author: T.P.S.Mann
Bench: T.P.S.Mann
Crl.Misc. M-23820 of 2013 -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
Crl.Misc. M-23820 of 2013
Date of Decision : October 04, 2013
Sham Lal
.....Petitioner
VERSUS
State of Punjab
.....Respondent
CORAM: HON'BLE MR. JUSTICE T.P.S.MANN
Present : Mr N.S.Sodhi, Advocate
Ms Amarjit Kaur Khurana, Addl. A.G. Punjab
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T.P.S. MANN, J. (Oral):
Prayer made in the present petition filed under Section 439 Cr.P.C. is for the grant of ad-interim bail to the petitioner so as to enable him to obtain medical treatment as he is said to be suffering from serious heart ailment.
The petitioner stands arrested in a case under Sections 18 and 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station, Nakodar, Distt. Jalandhar vide FIR No.198 dated 28.8.2011 and as per the short affidavit dated 23.9.2013 of the Superintendent, District Jail, Nabha, the petitioner stands convicted and sentenced in another case under Section 20 of the Act of Police Station Division No.1, Jalandhar vide FIR No.82 dated 19.5.2000 and on administrative grounds, he is presently confined in District Jail, Nabha. Crl.Misc. M-23820 of 2013 -2-
Upon notice, learned State counsel had put in appearance and sought an adjournment for obtaining report from the jail doctor about the health of the petitioner. Pursuant thereto, learned State counsel produced a copy of the medical report issued by the Pharmacist, Maximum Security Jail, Nabha. Later on, the aforementioned short affidavit was filed by the Superintendent, District Jail, Nabha, wherein it was mentioned that post of the Medical Officer of the said jail was vacant and, therefore, the petitioner was sent to Civil Hospital, Nabha on 13.8.2013 and 3.9.2013 for further treatment. On 18.9.2013, the petitioner was taken to Rajindra Hospital, Patiala where Dr. Harcharan Singh, Cardiologist advised him CABG surgery.
Going by the antecedents of the petitioner of being involved in two cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the advice tendered by Dr Harcharan Singh, Cardiologist, Rajindra Hospital, Patiala, this Court is of the considered view that the petitioner cannot be granted the benefit of interim bail. However, directions can be issued to the jail authorities to provide him proper medical treatment and further, in order to ensure that the petitioner is not required to undertake long journey every time for visiting the hospital, the jail authorities can be directed to shift him to Central Jail, Patiala till the time, he undergoes the requisite surgery and recuperates from the same.
Resultantly, the prayer made for the grant of ad-interim bail is declined.
However, the jail authorities are directed to shift the petitioner from the District Jail, Nabha to the Central Jail, Patiala. The petitioner shall Crl.Misc. M-23820 of 2013 -3- remain admitted under the care of Dr Harcharan Singh, Cardiologist of Rajindra Hospital, Patiala and undergo CABG surgery. Once, he is discharged, he be taken to the District Jail, Nabha for undergoing the remaining sentence of imprisonment imposed upon him in one of the aforementioned two cases under the Act.
The petition is, accordingly, disposed of.
(T.P.S.MANN)
October 04, 2013 JUDGE
pds.
Sharma Parmeshwar Dutt
2013.10.08 15:10
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