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Punjab-Haryana High Court

Jagga Singh vs State Of Haryana on 15 November, 2019

Author: Anupinder Singh Grewal

Bench: Anupinder Singh Grewal

                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                   CHANDIGARH

              218                                  CRM-M-42733-2019

                                                   DATE OF DECISION: 15.11.2019

              JAGGA SINGH                                     ... Petitioner(s)

                                         Versus

              STATE OF HARYANA                                ... Respondent(s)
              CORAM:       HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL

              Present:     Ms. Rupinder K. Thind, Advocate
                           for the petitioner.

                           Mr. Kapil Aggarwal, Addl. A.G., Haryana.


              ANUPINDER SINGH GREWAL, J. (ORAL)

The petitioner is seeking regular bail in FIR No.62 dated, 02.07.2019 under Section 22C of the NDPS Act, 1985 registered at Police Station Rori, District Sirsa.

Learned counsel for the petitioner contends that the allegations against the petitioner are that Tramadol tablets were recovered from him. The petitioner is in custody for about 4 months. He is suffering from Hernia which requires surgery. She further states that she is confining her prayer at this stage to the grant of interim bail to the petitioner as he has to be operated upon for Hernia. Learned counsel contends that the petitioner may be granted interim bail for a period of 4 weeks to enable him to undergo surgery as he would require care of family members at that time. He is not involved in any other case under the NDPS Act.

Learned State counsel has filed an affidavit of Superintendent of Prison, Sirsa wherein it is stated that the petitioner had For Subsequent orders see CRM-39238-2019 Decided by HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL 1 of 2 ::: Downloaded on - 20-01-2020 05:56:50 ::: CRM-M-42733-2019 2 been examined by the Medical Board constituted by the Civil Surgeon. The relevant extract of the report is reproduced hereunder:-

"Patient Jagga Singh son of Kaur Singh, examined by Psychiatrist, General Physician and General Surgeon. The examination surgeon diagnosed him with "An umbilical hernia, size approximately 2 cm present and hernia is reducible". He was advised also ultrasonography of abdomen and other investigation; and prescribed medicines. On examination psychiatrist has found that, "Patient has no symptom, sign of suggestive psychiatric illness or current substance dependence".

It is also mentioned in the medical report that the petitioner had earlier been advised surgery in the month of July 2019 but he had refused to undergo the same.

Heard.

Without expressing any opinion on the merits of the case, the petition is partly allowed and the petitioner is ordered to be released on interim bail for a period of 4 weeks on furnishing of his requisite bonds requisite bonds to the satisfaction of the trial Court/Duty Magistrate concerned. He shall report back on 16.12.2019 by 05:00 p.m. (ANUPINDER SINGH GREWAL) JUDGE 15.11.2019.

              SwarnjitS
                            Whether speaking/reasoned     :   Yes / No
                            Whether reportable            :   Yes / No



For Subsequent orders see CRM-39238-2019 Decided by HON'BLE MR. JUSTICE ANUPINDER SINGH GREWAL 2 of 2 ::: Downloaded on - 20-01-2020 05:56:50 :::