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High Court of Punjab and HaryanaCRM-M/22184/2020allowed

Shankar v. State Of Haryana

2020-08-28Mr. Justice Arun Monga2 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-22184 of 2020 (O&M) Date of Decision 28.08.2020 Shankar

...Petitioner

Versus

State of Haryana

...Respondent

CORAM:- HON'BLE MR. JUSTICE ARUN MONGA Present :

Mr. Lalit Kumar, Advocate, for the petitioner.

Mr. Bhupender Singh, DAG, Haryana.

Mr. Yashveer Kharab, Advocate, for the complainant.

(Presence marked through video conference).

ARUN MONGA, J. (ORAL) This is petitioner's second bail application for grant of interim bail for a period of four weeks on medical grounds. The petitioner is presently confined in District Jail, Panipat in a case pertaining to FIR No.438 dated 21.06.2017, registered under Sections 302, 201, 216, 341, 379-B, 506, 120-B 34 of IPC, Police Station Samalkha, District Panipat. 2.

Learned counsel for the petitioner submits that petitioner has been suffering from chronic sore throat for the last two years. Medical report of the petitioner was also called for by this court. In the Medical Report, petitioner has been certified to be suffering from chronic sore throat. Due to constant stress of chronic disease, he has developed anxiety and insomnia. Petitioners is opined to be medically investigated and diagnosed properly, which is stated to be not possible at District jail regularly due to spread of Covid-19. SONU 2020.08.29 01:25 I attest to the accuracy and integrity of this document

3.

Learned State counsel does not controvert the aforesaid in view of Medical Report dated 26.08.2020 submitted by the Medical Officer, District Prison, Panipat.

4.

Keeping in view, medical condition of the petitioner, he deserves proper treatment thereof. It is directed that petitioner be released on interim bail for a period of four weeks from the date of his release, subject to his furnishing bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate concerned, as the case may be. He shall surrender himself before the concerned Jail Superintendent after the expiry of four weeks at 10 a.m. 5.

It is, however, made clear that on every alternate day at 5 p.m, petitioner shall report to the Station House Officer, Police Station Samalkha, District Panipat or any other designated police official by the Station House Officer. In case of any default, SHO shall be at liberty to arrest the petitioner and send him back to the concerned jail.

6.

Petition stands allowed in the aforesaid terms. (ARUN MONGA) AUGUST 28, 2020 JUDGE vandana Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No SONU 2020.08.29 01:25 I attest to the accuracy and integrity of this document