Anil Kumar v. State Of Punjab And Others









 

 







 








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1. The learned State counsel has filed custody certificate of the petitioner, as issued by the Superintendent, Central Jail, Ludhiana, which is taken on record.

2. Through the instant criminal writ petition, the petitioner seeks quashing of the order dated 28.07.2023, wherethrough, the respondent No.1 has dismissed his premature release case.

3. What emerges from a perusal of the record available before this Court, is that, although the petitioner was granted the concession of interim regular bail by a Co-ordinate Bench of this Court, through drawing an order on 10.11.2017, upon Criminal Writ Petition No.683 of 2017, however, consequent upon drawing of the impugned order dated 28.07.2023, thus dismissing petitioner's premature release case, he did not re-step into the prison concerned, as required under law.

4. The learned counsel for the petitioner submits that, in fact, the medical condition of the petitioner did not allow him to re-step into the prison concerned, inasmuch as, he suffered two heart attacks and now only his 25% heart is functional. Moreover, owing to his ailment, the petitioner is unable to perform his day to day affairs on his own, rather he is dependent on others.

5. In view of the above, this Court deems it appropriate to direct the petitioner to appear before the C.M.O., Civil Hospital, Ludhiana, within a week from today, whereupon, the latter shall constitute a medical board to evaluate the medical condition of the petitioner and submit its report 15 days thereafter positively.

6. List on 02.09.2024, for awaiting report (supra).

7. To be shown in urgent list.;
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