Baldev Singh vs State Of Punjab

Alka Sarin, J

Heard through video conferencing.

This is a petition under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the petitioner in FIR No.148 dated 18.09.2019

under Sections 302, 201, 34 of the Indian Penal Code, 1860 registered at Police Station Kamboj, District Amritsar â€" Rural.

It has been contended by learned counsel for the petitioner that no role has been attributed to the petitioner in the FIR. Further, it has been contended

that the petitioner is suffering from hypertension and Cerebrovascular Accident (CVA Brain Stroke) of right side. He is also bedridden and cannot

move independently. He has further submitted that recently, the petitioner has also been diagnosed with Cancer of the food pipe.

Ms. Bhavna Gupta, DAG, Punjab has joined the session through video conferencing and has filed the reply on behalf of the State by way of affidavit

of Gurpartap Singh, PPS, Deputy Superintendent of Police, Attari, District Amritsar Rural, Amritsar, wherein medical condition of the petitioner has

been described as under:-

“(2) That it is respectfully submitted that the report regarding medical condition of the petitioner-accused was sought from Government Medical

College, Amritsar and a report dated 25.06.2020 bearing No.60/MED 7/25.06.2020 prepared by Prof. (Dr.) N.S. Neki, MD (Med); FRCP (Edin,

Glasg, Ire, London), Government Medical College, Amritsar was received by the deponent, and the relevant porition of the report is reproduced

hereunder:-

“It is certified that Sh. Baldev Singh prisoner son of Sh. Ajit Singh, 71 year male resident of Village Muradpura, PS Kamboj, Ajnala Road, Amritsar

is admitted now in medical ward no.7, Guru Nanak Dev Hospital, Amritsar w.e.f. 18.05.2020 vide CRN No.85280. Previously he was under the

treatment of Prof. I/C Dr. Tarsem Pal, Incharge Medical Unit 6, from 18.05.2020 to 31.05.2020 and was shifted to medicine Unit 7 as per prisoner

duty. He is suffering from Hypertension with Cerebrovascular Accident (CVA-Brain Stroke) Rt. Side with muscle power of upper limb, Left Side

with muscle power of upper limb, Left Side grade O and power in left lower limb is Grade I. As per history he is chronic alcoholic. He is bed ridden

and cannot move independently. He is under investigation and treatment for the above illness. He has been cathertised and can speak clearly.â€​

The petitioner is an old man of 71 years suffering from Hypertension with Cerebrovascular Accident (CVA-Brain Stroke) Rt. Side with muscle power

of upper limb, Left Side with muscle power of upper limb, Left Side grade O and power in left lower limb is Grade I which has rendered him bed

ridden and he is unable to move independently. The petitioner in this condition would require someone to take care of him.

In view of the above and without expressing any opinion on the merits of the case and considering the fact that conclusion of the trial would take some

time, the present petition is allowed and the petitioner shall be released on bail on furnishing bail and surety bonds to the satisfaction of the Trial

Court/Duty Magistrate concerned.