Satnam Singh vs State of Punjab

B. Rai, J.

The petitioner seeks regular bail during the pendency of trial in case First Information Report 187 of 1997 dated 23.6.1997, under Sections 304B/34, registered in police Station Division No. 5, District Ludhiana. Notice in this petition was given to the A.G.(P) only on the ground of illness. It has been argued by the learned counsel for the petitioner that Satnam Singh, petitioner is suffering from serious heart disease. He was referred to Reader and Head, Cardiology Unit, Dayanand Medical College and Hospital, Ludhiana (Annexure P3). Prior to the registration of the case the petitioner was examined by Reader and Head Cardiology, Unit, Dayanand Medical College and Hospital and he found him patient of IHD Angina, and for the treatment of the same, certain medicines were prescribed. After registration of the case the petitioner sought interim bail for medical check up. He was examined by the Doctors of G.B. Pant Hospital, New Delhi on 11.8.1997 and he was diagnosed as a patient of H.T. On 18.6.1997 the Doctor examined the petitioner and recorded as follows :

"Plan CAG." on 19.9.1997.

"Admit Ward 4 on 18.8.1997."

Thereafter on 18.11.1997 he was examined by the Doctor of Dayanand Medical College and Hospital, Ludhiana. A medical certificate was issued to the effect that Mr. Satnam Singh S/o Kishan Singh, resident of H.No. 560, Model Town Ludhiana was admitted in the Department of Medicine (Cardiology) vide CR No. 88596 of 12.11.1997 as a case of Hypertension with I.H.D. with ANGINA UNSTABLE ANGINA. He was advised to get coronary Angiography (Annexure P5). A perusal of Annexure P6 shows that Satnam Singh, petitioner was discharged from the Hospital on 21.11.1997 after recording the diagnosis as Hypertension with Ischaemic Heart Disease with unstable angina needs early coronory angiography. Lastly, under the orders of learned Additional Sessions Judge, Ludhiana, Satnam Singh, petitioner was examined by Medical Officer Central Jail, Ludhiana who reported that patient is admitted at present in Jail Hospital. He found the patient as case of Hypertension with I.H.D. with strongly +ve T.M.T. Persisting c/o Chest pain, palpitation and breathlessness.....Done in Dec. and previous all E.C.G. show Left Bundle Branch Block. It was also diagnosed that Echoreveals concentric left ventricular hypertrophy with EF 72% with unstable Angina and needs Coronary Angiography and at present on medical management. It has also been stated that "patient was referred to D.M.C. and H. to Cardiologist in Nov. 1997 on court orders and cardiologist Heart Specialist also advised for angiography."

The documents referred to above go a long way to show that the petitioner is suffering from heart disease and he needs angiography. The contention of the learned State counsel is that these certificates have been procured by the petitioner in order to secure bail. This contention in view of the facts and circumstances of the case is not tenable. Rather the factual position stated above persuades this Court to grant at least three months'' time as interim bail to undergo treatment and angiography as advised by the doctors. The prayer for releasing the petitioner on regular bail, however, is declined. The petitioner shall be released on the same day on receipt of copy of this order or on production thereof. After availing three months from the date of his release the petitioner shall surrender in the court of Illaqa Magistrate who, under the Jail Warrant shall commit him in custody. With these observations the petition stands disposed of.

Copy of the order be given Dasti on payment.