Sudagar Singh v. State Of Punjab

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CRM-M-60132-2024 (O&M) Decided on : 09.12.2024 SUDAGAR SINGH . . . Petitioner(s)

Versus

STATE OF PUNJAB . . . Respondent(s) CORAM: HON'BLE MS. JUSTICE KIRTI SINGH PRESENT: Ms. Bandana Trikha, Advocate for the petitioner (through video conferencing.) Mr. Vinay Kumar, DAG, Punjab.

**** KIRTI SINGH , J. (Oral) The present petition has been filed under Section 483 read with Section 528 of the BNSS, 2023 for grant of interim bail for a period of two months to the petitioner in case F.I.R. No.99 dated 26.07.2024 registered under Section 21 of NDPS Act, 1985 at Police Station Kot Ise Khan, District Moga, on the ground that his mother is being diagnosed with 2nd degree prolapse of the uterus for which she is advised to undergo surgery at the earliest.

2.

Learned counsel for the petitioner submits that the petitioner is the only male member in the family to take care of his ailing mother and to take her to the hospital for surgical intervention, and further medical investigations as recommended by the doctor.

3.

In compliance to the order dated 02.12.2024, learned State counsel on instructions from ASI Manpreet Singh has verified the medical condition of the mother of the petitioner and has supplied a copy of medical record, which is reproduced as under:- "Certify that Mrs. Kulwinder Kaur 58 years female is suffering from pain lower abdomen, complaining of protuberance of some KAVITA NAIN 2024.12.09 16:39 I attest to the accuracy and integrity of this document order/judgment mass while attending Nature's call for nearly 6 months. She was

CRM-M-60132-2024 (O&M) - 2 - taking some desi medicine. The problem increased over the period. Patient came in OPD about 10 days back with fever and other problems. Blood test showing typhoid fever with low HB and decreased platelets count. She is being diagnosed with 2nd degree prolapse of uterus for which she is advised to undergo surgery at the earliest before she enters the 3rd degree stage which can lead to life threatening complications."

4.

In view of the contentions made by learned counsel for the petitioner and medical report submitted by learned State counsel and considering the medical condition of the mother of petitioner, this Court is of the view that the applicant/petitioner is entitled to concession of interim bail at this stage.

5.

Accordingly, application stands allowed and applicant is granted interim bail for a period of 02 weeks from the date of his actual release, on his furnishing bail bonds/surety bonds to the satisfaction of the learned Trial Court/Duty Magistrate concerned, on such terms and conditions as may be imposed by the Trial Court. 6.

Needless to say that after the expiry of said period, the petitioner shall surrender before the concerned Jail immediately. Pending application(s), if any, also stands disposed of accordingly.

(KIRTI SINGH) JUDGE 09.12.2024 Kavita Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No KAVITA NAIN 2024.12.09 16:39 I attest to the accuracy and integrity of this document order/judgment