Shyam Lal Goyal v. Union Of India And Another

CRM-M-58732-2022(O&M) -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-58732-2022(O&M) Date of Decision: January 10, 2023 Shyam Lal Goyal ......Petitioner

Versus

Union of India and another ......Respondents CORAM: HON'BLE MR.JUSTICE RAJESH BHARDWAJ

Present:

Mr.P.S.Ahluwalia, Advocate,for the petitioner. Mr.Saurabh Goel, Advocate for UOI.

Mr.B.S.Virk, DAG, Haryana.

........

RAJESH BHARDWAJ, J.(ORAL) CRM-50742-2022 Application is allowed as prayed for.

Main case Prayer in the present petition is for grant of interim bail to the petitioner for a period of three months in case bearing File No.DRI/DZU/34/ENQ-14/2022, under Sections 9, 25, 25(A), 27(A), 28 and 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985, on the ground that he is suffering from cancer.

This Court had directed the State to file status report regarding disease suffered by the petitioner. Status report was filed, however, as the petitioner was further advised detailed investigation, vide order dated 04.01.2023, the respondent/State was again directed to file status report and the same has been filed today in Court by way of affidavit of Deputy Superintendent, District Jail, Yamuna Nagar. The medical status report of MEENU 2023.01.10 16:40 I attest to the accuracy and integrity of this order/judgment

CRM-M-58732-2022(O&M) -2the petitioner has also been appended with the affidavit issued by Jail Medical Officer, District Jail Yamuna Nagar, wherein the detailed condition of the petitioner/patient has been mentioned. After his examination, it has been advised that petitioner who is a patient of "recurrence of carcinoma soft palate" should get the treatment at the earliest. Learned counsel for UOI as well as learned State counsel though admitted the critical medical condition of the petitioner but have opposed the prayer made by learned counsel for the petitioner for the grant of interim bail.

After hearing counsel for the parties and in totally of facts and circumstances, and the medical condition of the petitioner, without making any observation on merits, present petition is allowed. Petitioner is granted interim bail from 11.01.2023 to 14.04.2023 on his furnishing bail/surety bonds subject to the satisfaction of trial Court/Duty Magistrate concerned. The petitioner is directed to surrender before the concerned jail authorities on 15.04.2023 at 11.00 a.m.

January 10, 2023 ( RAJESH BHARDWAJ ) meenuss JUDGE 1.

Whether speaking/reasoned ?

Yes/No 2.

Whether reportable ?

Yes/No MEENU 2023.01.10 16:40 I attest to the accuracy and integrity of this order/judgment