Jitender Kumar vs State Of H.P

Vivek Singh Thakur, J

This petition has been filed seeking regular bail under Section 439 Cr.P.C. in case FIR No. 4 of 2017, dated 2.1.2017, registered under Sections 302,

323 and 506 IPC at Police Station Mandi, District Mandi H.P.

Pending consideration this petition, learned counsel for petitioner has prayed for release of petitioner, at least, by granting interim bail to petitioner

for treatment of his 70 years old ailing mother who has been referred by the doctors of Civil Hospital Sundernagar to IGMC Shimla for further

treatment and she may have to undergo surgery of knees.

In petition, it was stated that mother of petitioner is residing in The Suket Senior Citizen Home (International) Trust, Sundernagar since Fabruary,

2017 and there is none else to look after her.

In status report, filed on behalf of respondent, it has been reported that earlier mother of petitioner was residing in Old Age Home as claimed in

petition, but, now-a-days since March, 2020, after complete Lockdown in the country, she has been taken by her daughter Geeta Sharma, who is

resident of Purana Bazar, Kharidi, Tehsil Sundernagar District Mandi. As per statement of sister of petitioner, made to the police, as stated in status

report, one eye of mother of petitioner is completely damaged and she is facing severe pain in her knees and is not able to move without help and on

5.9.2020 she has been referred to Shimla for operation, but, she, Geeta Sharma, because of her responsibility in her In-laws, is not in a position to take

her mother to Shimla for treatment.

During hearing, it is also transpired that one another sister of petitioner is serving as Staff Nurse in Government Hospital, Theog and therefore, case

was adjourned for today to have complete instructions as to whether operation/treatment of mother of petitioner is possible in these days in IGMC or

not and also with respect to possibility of looking after the mother of petitioner by her daughter serving as Staff Nurse.

Learned counsel for petitioner, under instructions, submits that doctor in IGMC Shimla was contacted by sister of petitioner, who is serving at

Theog, and she has been advised by doctor to contact him after 15 days.

Petitioner is in judicial custody for commission of offence under Sections 302, 323 and 506 IPC. Today, his prayer for interim bail is also not being

considered for the reason that there is no specific day or period indicated by concerned doctor for operating/treating his mother and also there is no

material before the Court that it would not be possible for her daughter(s), to look after her at their own. In any case, the issue of interim bail is not

being adjudicated on merits at this stage and it is kept open to be considered at appropriate stage in appropriate petition filed by or on behalf of

petitioner by placing the complete material on record.