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High Court of Punjab and HaryanaCRM-M/27353/2025allowed

Mohit v. State Of Haryana And Others

2025-05-26Mr. Justice Sanjay Vashisth3 pages

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IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Decided on : 26.05.2025 Mohit . . . Petitioner(s)

Versus

State of Haryana and others . . . Respondent(s)

CORAM:

HON'BLE MR. JUSTICE SANJAY VASHISTH PRESENT: Mr. Deepak, Advocate for the petitioner(s).

Mr. P.K. Jhanda, DAG, Haryana.

**** SANJAY VASHISTH , J. (Oral) 1.

In the instant petition, on 19.05.2025, following order was passed:- "Present:

Mr. Deepak, Advocate for the petitioner.

-.- 1.

Present petition has been filed by the petitioner, Mohit, aged about 28 years, seeking grant of interim bail for a period of two weeks in FIR No.123 daed 12.07.2024, registered under Sections 20 and 29 of the NDPS Act and Sections 317(2), 318(4), and 347(1) of IPC at Police Station Sadar Bahadurgarh, District Jhajjar. 2.

Petitioner seeks interim bail on medical grounds, stating that doctors of the District Civil Hospital and PGIMS, Rohtak, have advised surgical intervention due to persistent pain in his right thigh. 3.

It is submitted by counsel for the petitoiner that two years ago, a nail was implanted in his right femur bone, and the petitioner is now experiencing complications, including a gap in the joint, necessitating surgery.

4.

The request for interim bail was declined by the Court of Sessions, therefore, present petition has been filed before this Court. 5.

Notice of motion.

6.

On advance notice, Mr. Kanwar Sanjiv Kumar, AAG, Haryana, puts an appearance on behalf of the respondent/State, and seeks some time to file status report in the matter. 7.

List again on 26.05.2025.

8.

let a status report be filed by learned State counsel on or before the next date of hearing."

2.

Today, learned State counsel has filed the status report dated 24.05.2025 in Court today, which is taken on record, subject to all just

- 2 - exceptions. Office to tag the same at appropriate place. A copy thereof has been handed over to the counsel for the petitioner.

3.

Paragraph No.4 of the aforesaid status report says as under:- "4.

That as per the current medical record the petitioner is suffering from continues pain in his Right leg. That the petitioner was admitted in District Jail Jhajjar on 13-07-2024. Since his admission, patient/petitioner was complaining of pain in Right leg thigh, lower limp, back pain and URTI off and on. Symptomatic treatment was given at Jail Hospital by Jail Medical Officer. Patient/petitioner was not responding to treatment so patient/petitioner was referred to PGIMS Rohtak Ortho Department. X-ray was done and after that patient/ petitioner was referred multiple times for treatment and follow-up to PGIMS Rohtak & G.H. Jhajjar. In May 2025, patient/petitioner was advised Surgery for removal of interlock femur nail as he was having continuous pain in his Right femur bone by Ortho department G.H. Jhajjar.

Patient/petitioner underwent necessary investigation required for surgery. Patient/petitioner was advised to be admitted on 13-05-2025 for Surgery, but due to unavailability of the surgical material advised by the Surgeon, so patient/petitioner could not be referred on 13-05-2025. Patient/petitioner will be referred on 26-05-2025 in Ortho Department, G.H. Jhajjar."

4.

Counsel for the petitioner submits that the petitioner is not involved in any other similar activity. As the contention of the petitioner's counsel has already been confirmed by the respondent-State, he would like to get his treatment done on his own from the best available facilities. 5.

Taking into account all relevant aspects, including the submissions of the petitioner's counsel and the response filed by the respondent-State before this Court today, this Court deems it appropriate to grant the concession of interim bail to the petitioner to enable him to undergo treatment on his own.

6.

Resultantly, present petition is allowed. The petitioner is ordered to be released on interim bail in this case w.e.f. 27.05.2025 to 11.06.2025 up-till 05:00 P.M., if not required in any other case, subject to his furnishing bail/surety bonds to the satisfaction of the learned Chief Judicial Magistrate/Illaqa Magistrate/Duty Magistrate concerned.

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Needless to mention here that the petitioner shall surrender back to the Jail Authorities on 11.06.2025 at or before 05:00 P.M., in compliance to the directions passed by this Court.

8.

With aforementioned terms, present petition is disposed of. However, only for the limited purpose of verifying whether, in compliance with this Court's orders, petitioner has surrendered back on the date fixed, let this petition be again listed for 02.07.2025. (SANJAY VASHISTH) JUDGE May 26, 2025 J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No