High Court of Punjab and HaryanaCRM-M/51285/2021allowed

Pushpinder Singh v. State Of Punjab

2022-01-28Mr. Justice Avneesh Jhingan2 pages

CRM-M-51285-2021 -1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH *** CRM-M-51285-2021 Date of decision: 28.01.2022 Pushpinder Singh Petitioner

Versus

State of Punjab Respondent

CORAM:

HON'BLE MR. JUSTICE AVNEESH JHINGAN

Present:

Mr. Gurvinder S. Sandhu, Advocate for the petitioner. Mr. Sandeep Kumar, Deputy Advocate General, Punjab. **** AVNEESH JHINGAN, J (Oral):

[1] Due to COVID-19 situation, the Court is convened through video conference.

[2] This third petition under Section 439 Cr.P.C. is filed seeking regular bail in FIR No. 9, dated 15th June, 2021, under Section 7 of the Prevention of Corruption Act, 1988 as amended by the Act of 2018, registered at Police Station Vigilance, Range Bathinda. [3] The petitioner while posted as Patwari demanded illegal gratification for sanctioning of mutation and he was caught red handed. [4] Learned counsel for the petitioner submits that petitioner is in custody since 15th June, 2021, investigation is complete. One of the grounds pressed seeking regular bail is medical condition of the PANKAJ BAWEJA 2022.01.28 18:22 I attest to the accuracy and integrity of this document High Court, Chandigarh

CRM-M-51285-2021 -2petitioner as he is diabetic with non-healing ulcer on bilateral foot, IV drug abuser and HCV positive.

[5] On 6th January, 2022, learned State counsel took time to file medical status report and custody certificate of the petitioner. [6] Learned State counsel has sent through electronic medium medical status report and custody certificate of the petitioner, print out of the same is taken on record. As per the medical report, petitioner is having medical complications, undergoing continuous treatment and has been referred to the medicine specialist. [7] Without commenting on the merits of the case, considering the custody period, the fact that investigation is complete and medical status report, the petitioner is granted bail subject to furnishing bail bonds subject to the satisfaction of Chief Judicial Magistrate/Duty Magistrate.

[8] The petition is allowed.

[9] However, it is clarified that nothing stated hereinabove shall be construed as an expression of opinion on the merits of the case. [AVNEESH JHINGAN] JUDGE 28th January, 2022

1. Whether speaking/ reasoned :

Yes / No

2. Whether reportable :

Yes / No PANKAJ BAWEJA 2022.01.28 18:22 I attest to the accuracy and integrity of this document High Court, Chandigarh