Sher Singh vs State of Punjab

H.S. Bedi, J.

This petition was presented to me during the course of my inspection of Central Jail, Bhatinda on 4th April, 1995. As the condition of the petitioner Sher Singh was pitiable and was observed by me as such, I issued notice of the application to the Advocate General, Punjab for 24th April, 1995. This matter came up for hearing time and again and on 11th August, 1995 I passed the following orders :

"This application was presented before me in the Central Jail, Bhatinda during the course of my inspection. I had the seen that the condition of the petitioner was very poor and he was even incapacitated from doing his daily chores. Alongwith his application, he has also appended a certificate issued by the Christian Medical College, Ludhiana certifying to his disability. In the application, he has also stated that he has been admitted to hospital for the last 7 years i.e. four years in Jail Hospital and three years outside the jail. If the facts given by the petitioner are correct, it calls for intervention in his case as a purely humanitarian measure. The State of Punjab is accordingly directed to treat this matter as one of urgency and decide this matter in terms of the aforesaid application. The petition is accordingly adjourned to 13.10.1995. In case, no decision is taken by that date, the question of grant of bail would be taken up by this Court."

Mr. Gill, learned DAG, appearing on behalf of the State has stated that he needs yet more time to comply with the direction of the court. In the light of the order dated 11th August, 1995, this prayer is declined. Mr. Jindal, learned counsel appearing for the petitioner has pointed out that the petitioner was arrested on July 8, 1985 and was on bail for about three years and was rearrested after his conviction in the year 1988 and is confined to the jail hospital since that year. A certificate issued by the Christian Medical College, Ludhiana, has also been appended with the application which indicates that he is having weakness of all four limbs and severe disability and requires regular check up after every six months. In the light of this position, to allow the petitioner to remain in jail, is not justified. Despite the fact that on 11th August, 1995, I had observed that if the facts given by the petitioner were correct, it called for intervention at the hands of the State as a purely humanitarian measure, is a factor which has not weighed with the authorities concerned. This petition is, accordingly, disposed of with a direction that the petitioner will be released on bail to the satisfaction of the Chief Judicial Magistrate, Sangrur.