Shamsher Singh @ Monu Rana v. State Of Haryana

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH Date of Decision: 19.08.2025 Shamsher Singh @ Monu Rana ......... Petitioner

Versus

State of Haryana ......... Respondent

CORAM:

HON'BLE MR. JUSTICE ANOOP CHITKARA

Present:

Mr. Namit Khurana, Advocate for the petitioner.

Mr. Atul Gaur, AAG, Haryana.

**** ANOOP CHITKARA, J.

FIR No.

Dated Police Station Sections 26.04.2024 Thanesar City, District Kurukshetra 42-A of Prison Act and 120B & 201 IPC added later on 1.

The petitioner incarcerated in the FIR captioned above has come up before this Court under Section 483 BNSS, 2023, for the grant of regular bail. 2.

During pendency of the petition, petitioner has filed an application (CRM-314082025) for grant of interim bail on medical grounds. 3.

Counsel for the petitioner submits that the petitioner is suffering from Paralysis Bilateral Lower Limb with chronic bedsore and he is continuously receiving treatment at the hospital. He further submits that he be allowed interim bail for a substantial period, and he undertakes to comply with every condition imposed by this Court and prayed for disposal of main petition and confine his prayer for interim bail. 4.

The petitioner's counsel submits that the petitioner would have no objection whatsoever to any stringent conditions that this Court may impose, including that if the petitioner repeats the offense or commits any non-bailable offense which provides for a sentence of imprisonment for more than seven years during the period of interim bail, this Court could take it against the petitioner while granting regular bail. 5.

The State's Counsel could not oppose the authenticity of the medical record of the petitioner, and in compliance with the previous orders, has placed on record the petitioner's medical report prepared by Medical Officer, District Jail Kurukshetra, which

reads as follows:

"The patient has history of Gunshot injury to spine in 2017. The patient is having indwelling UB catheter since 8 years. He is suffering from Paralysis Bilateral Lower Limb with chronic bedsore. He has would size 4x4 cm on his left hip. As advised, he has been provided with wet dressing twice a day and protein diet in being provided by Jail Administration under rules.

Date Timing Vital Description Findings 18.08.2025 05.00 PM Blood pressure 138/82 mmHG Pulse Rate 86 beats per minute Body Temperature (Oral) 98.4 F Respiration Rate 15-17 breaths per minute SpO2 95% The patient is conscious, oriented and well cooperative during medical examination."

6.

The medical report of the petitioner clearly makes out a case for interim bail for a limited period on medical grounds.

7.

Given the above, this court considers it appropriate on humanitarian ground to grant him time to recoup and take care of his health and is inclined to grant him interim bail until 11 AM on 05.01.2026.

8.

Given above, provided the petitioner is not required in any other case, the petitioner shall be released on interim bail in the FIR captioned above till the date and time mentioned above, subject to furnishing bonds to the satisfaction of the concerned Court and due to unavailability before any nearest Ilaqa Magistrate/duty Magistrate. Before accepting the surety, the concerned Court must be satisfied that if the accused fails to appear, such surety can produce the accused. 9.

While furnishing a personal bond, the petitioner shall mention the following personal identification details:

1.

AADHAR number 2.

Passport number (If available) and when the attesting officer/court considers it appropriate or considers the accused a flight risk.

3.

Mobile number (If available) 4.

E-Mail id (If available) 10.

This interim limited period bail is conditional, with the foundational condition being that if the petitioner repeats the offense or commits any non-bailable offense which

provides for a sentence of imprisonment for more than seven years, this Court shall consider violation as factor while granting bail in future. 11.

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. 12.

The petitioner shall surrender to prison from which he was released, on 05.01.2026.

13.

In Amit Rana v. State of Haryana, CRM-18469-2025 [Decided on 05.08.2025), in CRA-D-123-2020], a Division Bench of Punjab and Haryana High Court in paragraph 13, holds that "To ensure that every person in judicial custody who has been granted bail or whose sentence has been suspended gets back their liberty without any delay, it is appropriate that whenever the bail order or the orders of suspension of sentence are not immediately sent by the Registry, computer systems, or Public Prosecutor, then in such a situation, to facilitate the immediate restoration of the liberty granted by any Court, the downloaded copies of all such orders, subject to verification, must be accepted by the Court before whom the bail bonds are furnished." 14.

CRM-31408-2025 is allowed to the extent above. Main petition is disposed of with clarification that no application for extension of interim bail shall be filed in the present petition. However, if the petitioner's health does not improve, he shall be permitted to file a fresh petition for regular bail on medical ground without surrendering. All pending miscellaneous applications, if any, stand disposed of. (ANOOP CHITKARA) JUDGE 19.08.2025 anju rani Whether speaking/reasoned: Yes Whether reportable:

No.