Rajinder Singh v. Ut Chandigarh

CRM-M-30459 of 2019 {1}

IN THE HIGH COURT OF PUNJAB & HARYANA

AT CHANDIGARH CRM-M-30459 of 2019 Date of decision:27.01.2020 Rajinder Singh ... Petitioner Vs.

U.T.Chandigarh ... Respondent

CORAM:

HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Ashish Pal Kaushal, Advocate, for the petitioner. Mr. Sumit Jain, Additional Public Prosecutor, U.T.Chandigarh. SUVIR SEHGAL, J. (Oral) Through the instant petition, the petitioner seeks regular bail in case FIR No.70 dated 28.03.2019, under Section 22 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Sector 26, Chandigarh.

In pursuance to the order dated 19.12.2019, an affidavit dated 24.01.2020 of Joint Inspector General of Prisons-cum-Superintendent, Model Jail, Burail, U.T.Chandigarh has been filed which is taken on record. Alongwith an affidavit, a report of the Medical Board of Government Medical College & Hospital, Sector 32, Chandigarh, has been attached which reads as under:- "Accused Rajinder Singh s/o Sadhu Singh CR No.191201467 Psy No.59700 was brought by the police personnel Mr. Jaswinder Singh, ASI, Belt No.2762 from Model Jail, Burail for the medical board examination on the direction of District SAVITA KADIAN 2020.01.28 16:30 I attest to the accuracy and integrity of this document High Court Chandigarh

CRM-M-30459 of 2019 {2} Court on 10.12.2019 and 11.12.2019 in Psychiatry, OPD, Government Medical College & Hospital, Chandigarh. The information provided by the patient and his wife (over phone) and detailed MSE and neuropsychological assessment, the board opined that patient is suffering from Mixed Anxiety and Depressive Disorder for which the treatment has been initiated. On neuropsychological assessment, he is having impairment in attention, concentration and memory. Since patient also gave the history of episodes of unresponsiveness, he was advised to consult neurologist to rule out seizure disorder."

In view of the above facts, but without commenting on the merits of the case, the present petition is allowed and the order dated 19.12.2019 granting interim bail to the petitioner is made absolute, subject to the conditions laid down in Section 438 (2) of the Code of Criminal Procedure.

(SUVIR SEHGAL) JUDGE January 27, 2020 savita Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No SAVITA KADIAN 2020.01.28 16:30 I attest to the accuracy and integrity of this document High Court Chandigarh