High CourtsSingle Bench

Sujjan Singh @ Sonu vs State Of Haryana

Punjab And Haryana At Chandigarh · Decided on 9 June 2022 · Citation: (2022) 06 P&H CK 0053

HON’BLE JUDGES
Anil Kshetarpal, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 15, 20, 27A, 29, 61, 85 · Indian Penal Code, 1860 — Section 201
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Petition (M) No. 22188 Of 2022
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Judgment

11 paragraphs · 398 words

Anil Kshetarpal, J

The petitioner prays for interim bail for medical reasons.

He is facing prosecution in a criminal case arising from FIR No.580, dated 30.10.2020, registered under Sections 15, 20, 27-A, 29-61-85 of NDPS Act and Section 201 IPC, at Police Station Sadar Thanesar, District Kurukshetra.

In order to verify the assertions made in the petition, a reply on behalf of the State has been filed.

The medical status report of the petitioner prepared by a Medical Officer, District Jail, Kurukshetra, reads as under:-

“Sujjan Singh S/o Narayan Singh is an under trial prisoner in District Jail Kurukshetra. Prior to his arrest he met with road side accident and suffered compression fracture of L-1 vertebra and lost his senses of passing urine and stool. From time to time he was sent for treatment to PGIMS Rohtak, PGIMS Chandigarh and LNJP Civil Hospital Kurukshetra. Medical board was also constituted on 23.04.2022 at LNJP Civil Hospital Kurukshetra to assess his medical condition and found out that “He is unable to stand and walk without support and is wearing diaper for passage of stool and urine. On CT Scan of spine dated 21/10/2021 of LNJP KKR No.HKUR-00016326 shows old L1 Vertebrae fracture with metallic implant in situ” and therefore the Board was of the Opinion that “he needs further treatment and management from neurosurgeon and urologists at higher centre”. As per the Board advice, He was sent to PGIMS Rohtak on 04.05.2022 and 13.05.2022 and was advised physiotherapy and other management for which he was further sent to LNJP Civil Hospital Kurukshetra from time to time. At present his condition is not much stable and need further treatment from higher centers.”

As per the case of the prosecution, 1 quintal 34 kg of poppy straws and 34 kg Gaanja (Cannabis) was recovered from the co-accused of the petitioner. On his disclosure statement, the petitioner was arrested.

Keeping in view the status report submitted by State of Haryana, this Court is of the considered view that the petitioner is entitled to the best treatment in order to save his life.

Keeping in view the aforesaid facts, the application is allowed.

The petitioner shall be released on interim bail for a period of two months, subject to furnishing heavy local surety to the satisfaction of the concerned trial Court/Duty Magistrate/Area Magistrate.

All the pending miscellaneous applications, if any, are also disposed of.