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High Court of Punjab and HaryanaCRM-M/11698/2023dismissed

Jagga Singh v. State Of Punjab

2023-07-13Mr. Justice Harnaresh Singh Gill2 pages

2023:PHHC:087341

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-11698-2023 (O&M) Date of Decision: 13.07.2023 JAGGA SINGH ... Petitioner

Versus

STATE OF PUNJAB ... Respondent CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:

Mr. Manoj R. Sharma, Advocate for the petitioner.

  

 

   **** HARNARESH SINGH GILL, J.(Oral) Through this petition, the petitioner seeks regular bail in case bearing FIR No.115 dated 31.08.2022, under Sections 15, 29, 61 and 85 of the NDPS Act, at Police Station Sujanpur, District Pathankot. Medical status report dated 11.07.2023 of the Deputy Superintendent of Police, Sub-Jail, Pathankot, filed by the learned State counsel, in the Court, is taken on record.

At the outset, learned counsel for the petitioner restricts his prayer that the petitioner be granted interim bail for a period of two months, on medical ground.

Ordered accordingly.

Learned counsel for the petitioner submits that the petitioner has been advised surgery for management for Varicocoele Grade-2 and right epididymal cyst and that the petitioner intends to get operated upon, AMAN JAIN 2023.07.13 17:31 I attest to the accuracy and integrity of this document

CRM-M-11698-2023 (O&M) -2in the presence of his family members. He further submits that the petitioner has been in custody since 31.08.2022. On the other hand, learned State counsel submits that on 20.05.2023 and 24.05.2023, the petitioner was taken to Guru Nanak Medical College, Amritsar, for his surgery but he refused to get operated upon and has not given his consent, due to non-presence of any of his family member.

At this stage, learned counsel for the petitioner submits that the petitioner has no objection from being operated upon in Gurn Nanak Medical College, Amritsar and he only intends to get the same done in the presence of his family members.

I have heard the learned counsel for the parties. As noticed above, the petitioner is suffering from Varicocoele Grade-2 and right epididymal cyst and has been advised surgery for the same.

In view of the above and without going into the merits of the case, the petitioner is ordered to be released on interim regular bail for a period of two months, from the date of his release, on his furnishing bail/surety bonds to the satisfaction of the learned Chief Judicial Magistrate/trial Court/Duty Magistrate concerned. The petitioner shall surrender back immediately after the expire of interim regular bail period.

Disposed of in the above terms.

13.07.2023 (HARNARESH SINGH GILL) Aman Jain JUDGE Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No AMAN JAIN 2023.07.13 17:31 I attest to the accuracy and integrity of this document