Manjit Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CRM No.M-22498 of 2015 (O&M) Date of decision: November 03, 2015 Manjit Singh

...Petitioner

Versus

State of Punjab

...Respondent

CORAM: HON'BLE MR. JUSTICE INDERJIT SINGH

Present:

Mr.G.P.S.Bal, Advocate for the petitioner.

Ms.Simsi Dhir Malhotra, Deputy Advocate General, Punjab for the respondent-State.

Mr.Deepak Gupta, Advocate for the complainant.

**** INDERJIT SINGH, J.

Petitioner Manjit Singh has filed this petition under Section 482 Cr.P.C. read with Section 439 Cr.P.C. for grant of third interim bail/regular bail in case FIR No.134 dated 22.06.2012 under Sections 302, 303, 212, 213, 201, 216, 174-A, 380, 420, 403, 424, 467 and 120-B IPC for three months for heart operative procedures for heart blockages as also he is suffering from severe diabetes mellitus which is likely to affect the kidneys and eyes.

Notice of motion was issued and learned State counsel as well as learned counsel for the complainant appeared and contested the petition.

CRM No.M-22498 of 2015 -2I have heard learned counsel for the parties as well as learned State counsel and have gone through the record. From the record, I find that the Superintendent Central Jail, Bathinda filed a reply by way of affidavit and stated that the petitioner is under constant monitoring of Medical Specialist Doctors of Civil Hospital, Bathinda as OPD patient. The report of the Senior Medical Officer Jail regarding health condition was also attached. I have perused report given by Senior Medical Officer, Central Jail Hospital, Bathinda. As per the report, the accused-petitioner was referred to PGI, Chandigarh on 29.07.2013 where specialist doctors prescribed him medicines. He also remained admitted at Govt. Medical College Amritsar w.e.f 08.02.2014 to 21.02.2014. He was discharged with medical treatment.

It is also written that the accused had brought the report of Angiography dated 14.05.2012 done by Dr.Sharad Gupta DM Cardiology at Max Super Specialty Hospital, Bathinda where Single Vessel disease was diagnosed and he was prescribed medical treatment. In the reply, it is also mentioned that petitioner is getting treatment regularly on OPD basis from Medical Specialist Doctors of Civil Hospital, Bathinda and prescribed medicines are being given to him. It is further stated that petitioner is also getting treatment from Jail Hospital as had been prescribed by Specialist doctors of Civil Hospital, Bathinda. It is further in the report that on 19.09.2015, the petitioner is stable from medical point of view but he needs regular medicines and monitoring as already being done in this case.

CRM No.M-22498 of 2015 -3Keeping in view the above report, I do not find it a fit case to grant interim bail on medical grounds. As per the report, medical treatment and medicines etc. are being already given to the present petitioner. At this stage, he is not required for any medical surgery etc. Therefore, no ground is made out for granting interim bail for three months to the petitioner.

Even otherwise on merits, no ground is made out for grant of regular bail as the present petitioner is named in the FIR and he is the main accused. Learned counsel for the complainant also argued that the CD has been produced before the trial Court showing the conversation of present petitioner along with co-accused to kill the complainant after releasing on bail.

Keeping in view the nature and gravity of the offence and facts and circumstances of the present case, I do not find any merit in the present petition. Therefore, the same stands dismissed. November 03, 2015 (INDERJIT SINGH) Vgulati JUDGE