Parveen Kumar vs Coram
2023 Latest Caselaw 10494 HP

Citation : 2023 Latest Caselaw 10494 HP
Judgement Date : 28 July, 2023

Himachal Pradesh High Court

Parveen Kumar vs Coram on 28 July, 2023

Bench: Vivek Singh Thakur

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.




                                                                               .

                                             Cr.MP(M) No. 1778 of 2023
                                             Decided on: 28.7.2023





    Parveen Kumar                                           .....Petitioner.
                                     Versus


    State of H.P.

    Coram
                               r              to            .....Respondent.

    Hon'ble Mr. Justice Vivek Singh Thakur, Judge.
    Whether approved for reporting?1



    For the petitioner               :       Mr. Deepak Kaushal, Senior
                                             Advocate with Mr. Ashutosh
                                             Bhardwaj, Advocate.




    For the respondent               :       Mr. Manoj Chauhan, Additional





                                             Advocate General.





                                             HC Naveen Kumar, No. 110,
                                             Police Station Paonta Sahib,
                                             District Sirmour, H.P. in person.


           Vivek Singh Thakur, Judge (Oral)

Petitioner has approached this Court, invoking

provisions of Section 439 Code of Criminal Procedure (in short

'Cr.P.C.'), for enlarging him on bail on medical ground in case

Whether the reporters of the local papers may be allowed to see the Judgment?

FIR No. 21 of 2021, dated 11.02.2021, registered in Police

Station, Paonta Sahib, District Sirmour, H.P., under Sections 15,

27-A and 29 of Narcotic Drugs and Psychotropic Substances

Act (hereinafter referred to as the 'NDPS Act') and Section 212

of Indian Penal Code (in short 'IPC').

2. Status report stands filed.

Petitioner, for recovery of more than 200 Kg. poppy

husk at his instance, has been arrayed as accused in the

present case.

4. Petitioner had approached this Court by filing

Cr.MP(M) No. 564 of 2021, which was dismissed on

09.04.2021. Thereafter petitioner had filed Cr.MP(M) No. 1541

of 2022, which was dismissed as withdrawn on 9.11.2022.

5. During detention, in jail, petitioner has suffered

fracture of left side L2, L3 and L4 and he remained admitted in

the Hospital since 15.03.2023 till 25.03.2023 and now, he has

been discharged, but with prescription of compete bed rest with

attendant. On receiving such injuries, petitioner had approached

this Court by filing Cr.MP(M) No. 527 of 2023 for enlarging him

on interim bail on account of injuries sustained by him, which

was allowed vide order dated 20.04.2023 and petitioner was

enlarged on temporary bail up to 31st May, 2023.

6. After enlargement on temporary bail, petitioner

continued his medical treatment but for want of recovery he was

not able to manage his day-to-day affairs and, therefore, he filed

an application for extension of interim bail, which was accepted

date.

r to and interim bail was granted to the petitioner, which is valid till

7. In the meanwhile, petitioner has filed present bail

application for enlarging him on bail on medical grounds.

8. Status report stands filed alongwith communication

received by the SHO Paonta Sahib from the Medical Board

constituted by the Senior Medical Superintendent, Dr. Y.S.

Parmar, Government Medical College & Hospital, Nahan in

furtherance to the direction of this Court to file status report

with respect to the physical health of the petitioner. The Medical

Board has opined as under:-

"In reference to your office letter No. 2810/5A dated 15-07-2023 on the subject cited above. Mr. Parveen Kumar appeared before the Medical Board constituted of this hospital on dated 26-07-2023 along with his treatment records. He is a 4 months follow-up case of fracture transverse

process of L2, L3, L4 vertebrae left side without deficit and still complain of diffuse pain in lower

.

lumber region with redicular paid left lower limb

and difficulty in walking for last 4 months. On examination diffuse tenderness over the lower

lumbar region is present. He was again investigated today with Radiological investigation like X-ray lower lumbar spine and X ray pelvis with both Hip Joint.

Despite adequate duration of bed rest and medications patient is still having persistent pain and other symptoms. So the Medical board is of

the opinion that this patient may be referred to

higher center (IGMC Shimla/PGI Chandigarh) for MRT Dorso-lumber spine and Neuro surgery opinion for further management & advise."

9. Learned counsel for the petitioner submits that

during continuing custody, it is impossible for the petitioner to

manage treatment for his ailment and also advised by the

Medical Board petitioner has to rush to the IGMC Shimla or PGI

Chandigarh for further treatment and management of the

injuries caused to his ribs and, therefore, it has been stated that

for getting proper treatment, petitioner deserves to be enlarged

on bail on medical grounds.

10. In view of above, without going into the merits of the

case and taking into account the status report with respect to

petitioner's medical condition, petitioner is directed to be

released on bail, purely on the medical ground, subject to

furnishing personal bond in the sum of Rs. 1,50,000/- with two

sureties each in the like amount to the satisfaction of the Trial

Court/Special Judge, Sirmour at Nahan on or before 28.08.2023

and also subject to any other or further conditions to be

conditions:-

r to imposed by the Trial Court/Special Judge including the following

(i) That the petitioner shall make himself available to the police or any other Investigating Agency or Court in the present case as and when required;

(ii) That the petitioner shall not directly or indirectly

make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from disclosing such facts to Court or to any police officer or tamper with the

evidence. He shall not, in any manner, try to overawe or influence or intimidate the prosecution

witnesses;

(iii) That the petitioner shall not obstruct the smooth progress of the investigation/trial;

(iv) That the petitioner shall not commit the offence similar to the offence to which he is accused or suspected;

(v) That the petitioner shall not misuse his liberty in any manner;

(vi) That the petitioner shall not jump over the bail;

(vii) That in case petitioner indulges in repetition of similar offence(s) then, his bail shall be liable to be cancelled on taking appropriate steps by prosecution;

(viii) That the petitioner shall not leave the territory of India without prior permission; and

(ix) That the petitioner shall inform the Police/Court his

contact number and shall keep on informing about change in address and contact number, if any, in future.

(x) That interim bail granted to the petitioner shall stand extended till 28.08.2023 and in case petitioner fails to furnish bail bonds in terms of this order on or before 28.08.2023, then petitioner shall surrender before Jail Superintendent

wherefrom he has been released on temporary bail.

11. It will be open to the prosecution to apply for

imposing and/or to the trial Court to impose any other condition

on the petitioner as deemed necessary in the facts and

circumstances of the case and in the interest of justice and

thereupon, it will also be open to the trial Court to impose any

other or further condition on the petitioner as it may deem

necessary in the interest of justice.

12. In case the petitioner violates any condition imposed

upon him, his bail shall be liable to be cancelled. In such

eventuality, prosecution may approach the competent Court of

law for cancellation of bail, in accordance with law.