Joginder Pal @ Joginder Pal Singh vs State of Punjab

By filing the present petition under Section 439 read with Section 482 of the Code of Criminal Procedure, the petitioner has sought regular bail in FIR

No.20 dated 26.02.2015, registered under Section 15 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, the ‘Act’), at

Police Station Mahilpur, District Hoshiarpur.

The interim bail is sought on the ground that the petitioner was hospitalized on 06.09.2018 on account of surgery and various other ailments and still he

is under observation of the doctors of the treating hospital, therefore, another three months time has been prayed for. He further states that the

petitioner did not misuse the concession of the interim bail.

On the other hand, learned State counsel opposes the prayer made.

Heard.

This is the sixth bail petition filed on behalf of the petitioner. Vide order dated 21.09.2017 passed in CRM-30020-2017 in CRM-M-38203-2016, the

petitioner was allowed interim bail on medical grounds which was extended for another period of three months by way of the present petition, vide

order dated 25.01.2018. Thereafter, the interim order dated 25.01.2018 was extended from time to time. Today, by virtue of CRM-33353-2018, the

petitioner is seeking extension of interim order dated 25.01.2018 for another three months. In pursuance of the last order, the petitioner has placed on

record the chart showing the period of hospitalization from the date when he was admitted to bail i.e. 25.01.2018. A perusal of the chart appended

with CRM-33353-2018 reveals that after 29.04.2018, the last date when the petitioner was admitted in Guru Nanak Dev, Hospital, Amritsar, the

petitioner has never been hospitalized and he is only taking treatment as an outdoor patient. It is only on 06.09.2018 the petitioner was again admitted.

There is nothing on record that the petitioner is still required further hospitalization. Moreover, learned counsel for the petitioner has not been able to

point out any fresh circumstance in favour of the petitioner.

Keeping in view the above, no case for extension of interim bail allowed vide order dated 25.01.2018 is made out. Accordingly, the present petition

and CRM-33353-2018 stand dismissed. The petitioner is directed to surrender before the trial Court within three days from today.

However, the State is directed to take the petitioner to hospital for treatment as and when advised by the doctor.