Himachal Pradesh High Court
Harjot Singh vs State Of Himachal Pradesh on 13 January, 2023
Author: Vivek Singh Thakur
Bench: Vivek Singh Thakur
1
IN THE HIGH COURT OF HIMACHAL PRADESH
SHIMLA
Cr.M.P(M) No.2737 of 2022
Date of Decision: January 13, 2023
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Harjot Singh ...Petitioner.
Versus
State of Himachal Pradesh ..Respondent.
Coram:
The Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
Whether approved for reporting?1
For the Petitioner: Mr.Divya Raj Singh, Advocate.
For the Respondent: Mr.Harinder Singh Rawat, Additional
Advocate General.
Mr.Prantap Sharma, Advocate, vice
r Mr.Subhash Sharma, Advocate, for the
complainant.
Vivek Singh Thakur, J (oral)
Petitioner has approached this Court, invoking provisions of Section 439 Code of Criminal Procedure (in short 'Cr.P.C.'), for enlarging him on bail in case FIR No.215 of 2020, dated 06.09.2020, registered in Police Station Haroli, District Una, H.P., under Sections 302 and 323 read with Section 34 of the Indian Penal Code (in short 'IPC') and Sections 25(1b)(h) and 27 of the Arms Act, 1959 (hereinafter referred to as 'Arms Act').
2. Status report stands filed. Record was also produced.
3. During hearing learned counsel for the petitioner, under instructions, restricts his prayer for enlarging the petitioner on interim/temporary bail for his treatment of chronic 1 Whether reporters of the local papers may be allowed to see the judgment?
::: Downloaded on - 13/01/2023 20:33:41 :::CIS 2cholelithiasis (Gall Stone) from the Hospital of his choice as surgical intervention for treatment thereof either through traditional surgery or through Laparoscopy surgery is necessary .
for that.
4. Taking into consideration the alternative prayer of the petitioner, opinion of the Doctor concerned was also called through respondent-State. Vide communication dated 24.12.2022, Medical Officer had confirmed that petitioner is suffering from chronic cholelithiasis (Gall Stone). He has also observed that Jail can manage treatment of the petitioner.
5. Thereafter, surgical opinion was called from Medical Officer Regional Hospital Una. Dr. Peeyush Nanda, has rendered his opinion towards communication to Medical Superintendent Regional Hospital Una, stating therein that he is working as Surgical Specialist Medical Officer and after conducting physical examination and seeing USG report of the petitioner he has expressed his opinion that petitioner is suffering from chronic cholelithiasis (Gall Stone) for treatment of which he is not expressing his willingness to undergo surgery which can be provided in Regional Hospital Una. He has further submitted that earlier also petitioner had undergone Laparoscopy treatment at Una only. It has further been opined by the Doctor that petitioner can undergo Laparoscopy treatment at Regional Hospital Una itself or if he wants even better care or management, he can undergo treatment for the same at Rajendra Prasad Government Medical College, Tanda (RPGMC ::: Downloaded on - 13/01/2023 20:33:41 :::CIS 3 Tanda) or Indira Gandhi Medical College, Shimla (IGMC Shimla).
Lastly, it has been stated that petitioner himself is not willing for undergoing treatment and is making excuses for the same.
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6. Learned counsel for the petitioner has submitted that petitioner is 72 years old and he is an undertrial prisoner and is not a convict and, facility of parole or other kind of concession is not available for him to take leave during detention for his treatment and due to psychological pressure, he is not consenting for treatment in the Jail despite the fact that he is really suffering from unbearable pain on account of stone and, therefore, he has canvassed that keeping in view the opinion of the Doctor and duress suffered by the petitioner, petitioner deserves to be enlarged on temporary/interim bail, enabling him to undergo treatment from the Hospital of his choice.
7. He has further submitted that opinion of the Doctor is not that equal facilities are available at Regional Hospital Una like RPGMC Tanda and IGMC Shimla, because Doctor himself has opined that for better care or management, petitioner can undergo treatment at RPGMC Tanda or IGMC Shimla. Therefore, prayer for granting interim bail has been made.
8. As per status report, next date of the trial has been fixed on 01.03.2023.
9. Medical treatment chart of the petitioner has also been placed on record alongwith reports of the Doctor as well as status report.
::: Downloaded on - 13/01/2023 20:33:41 :::CIS 410. Taking into consideration entire facts and circumstances, age of the petitioner, opinion and advice of the Doctor placed on record, I am of the considered opinion that .
petitioner, as prayed, may be enlarged on bail, at this stage, for undergoing treatment of his disease.
11. Accordingly petitioner is directed to be released on interim bail till 15.03.2023, subject to his furnishing personal bond in the sum of `1,00,000/- with one surety in the like amount to the satisfaction of the Sessions Judge, Una, District Una, H.P., undertaking r therein that petitioner shall surrender, on 15.03.2023 at or before 3.00 p.m., before the jail Superintendent/Incharge of the Jail, wherefrom he shall be released failing which, appropriate action against him and his surety shall be initiated.
12. During interim bail, petitioner shall abide by further conditions as may be deemed fit and proper by the Sessions Judge, including the conditions enumerated hereinafter, so as to assure presence of the petitioner at the time of trial:-
(i) That the petitioner is enlarged on interim bail till 15.03.2023 on furnishing and acceptance of bail bonds with direction to him to surrender before concerned Jail Superintendent/Incharge, wherefrom he is released, at or before 3:00 P.M. on 15.03.2023;
(ii) That petitioner shall assure his presence in the Court on next date of hearing i.e. 01.03.2023 and also any subsequent dates fixed by the Court prior to expiry of period of interim bail;
(iii) that the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the ::: Downloaded on - 13/01/2023 20:33:41 :::CIS 5 facts of the case so as to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution witnesses;
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(iv) that the petitioner shall not obstruct the smooth progress of the investigation/trial;
(v) that the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;
(vi) that the petitioner shall not misuse his liberty in any manner;
(vii) that the petitioner shall not jump over the bail;
and
(viii) he shall not visit any other place except where his presence is necessary for his treatment.
13. It will be open to the prosecution to apply for imposing and/or to the trial Court to impose any other condition on the petitioner as deemed necessary in the facts and circumstances of the case and in the interest of justice and thereupon, it will also be open to the trial Court to impose any other or further condition on the petitioner as it may deem necessary in the interest of justice.
14. In case the petitioner violates any conditions imposed upon him, his interim bail shall be liable to be cancelled.
In such eventuality, prosecution may approach the competent Court of law for cancellation of bail, in accordance with law.
15. Learned Special Judge, Nahan at Sirmour, H.P., is directed to comply with the directions issued by the High Court, ::: Downloaded on - 13/01/2023 20:33:41 :::CIS 6 vide communication No.HHC.VIG./Misc. Instructions/93-IV.7139 dated 18.03.2013.
16. Observations made in this petition hereinbefore shall .
not affect merits of the case in any manner and are strictly confined for the disposal of the bail application.
17. Petitioner is permitted to produce/use copy of this order, downloaded from the web-page of the High Court of Himachal Pradesh, before the Sessions Judge/authorities concerned, and the said Court/authorities shall not insist for production of a certified copy but if required, may verify passing of order from Website of the High Court.
18. The petition stands disposed of in the aforesaid terms.
(Vivek Singh Thakur), Judge.
January 13, 2023 (Purohit) ::: Downloaded on - 13/01/2023 20:33:41 :::CIS