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High Court of Punjab and HaryanaCRM-M/31464/2023allowed

Dalwinder Singh v. Union Of India

2023-07-04Mr. Justice Anoop Chitkara2 pages

CRM-M-31464-2023 2023:PHHC:083433

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-31464-2023 Decided on: 04.07.2023 Dalwinder Singh

...Petitioner

Versus

Union of India

...Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Yashpal Thakur, Advocate for the petitioner. Ms. Gurmeet Kaur, Senior Panel Counsel for UOI (NCB) **** ANOOP CHITKARA, J.

Case Crime No.

Dated Police Station Sections 29.06.2021 NCB, 8, 20, 25, 27-A, 29, 60 & 85 of Chandigarh Narcotic Drugs and Psychtropic Substance Act, 1985 1.

The petitioner in the crime case captioned above, had come up before this Court under Section 439 CrPC seeking extension of interim bail granted to him vide order dated 22.03.2023 on medical grounds of his daughter. 2.

Counsel for the petitioner contends that earlier the petitioner was granted interim bail by this Court vide order dated 22.03.2023 passed in CRM-M-3758-2023. He further submits that operation of the petitioner's daughter was not done due to some complications, therefore the petitioner be given extension of at least 4 weeks of interim bail. He further submits that the denial of extension would cause an irreversible injustice to the petitioner and family.

3.

Page 39 & 40 of the petition (part of the medical report) corroborates stand of the petitioner that the operation could not be done and neither the petitioner nor the patient is responsible for the same.

4.

After carefully analysing the matter, this court is of the considered opinion that the petitioner is entitled to extension of the interim bail till 20.07.2023. 5.

Without commenting on the case's merits, in the facts and circumstances peculiar to this case, and for the reasons mentioned above, the petitioner makes a case for extension of interim bail for limited period, subject to the same terms and conditions of ANJU RANI 2023.07.05 16:50 I attest to the accuracy and integrity of this document

CRM-M-31464-2023 2023:PHHC:083433 the order dated 22.03.2023. There shall be no necessity to furnish fresh bonds and previous bonds shall continue till the date of surrender i.e. upto 20.07.2023. 6.

Any observation made hereinabove is neither an expression of opinion on the merits of the case nor shall the trial Court advert to these comments. 7.

The petitioner shall surrender in prison from where he was released, on or before 20.07.2023, by 2 p.m.

 8.

There would be no need for a certified copy of this order for furnishing bonds, and any Advocate for the Petitioner can download this order along with case status from the official web page of this Court and attest it to be a true copy. In case the attesting officer wants to verify the authenticity, such an officer can also verify its authenticity and may download and use the downloaded copy for attesting bonds. Petition is allowed with liberty to file a fresh after surrender. All pending applications, if any, stand disposed.

It is clarified that in case, the petitioner files a fresh petition for extension of interim bail without surrendering, Registry shall not entertain such petition and the same shall be construed that petitioner is taking advantage of the interim relief given by this Court.

(ANOOP CHITKARA) JUDGE 04.07.2023 anju rani Whether speaking/reasoned:

Yes Whether reportable:

No.

ANJU RANI 2023.07.05 16:50 I attest to the accuracy and integrity of this document