[Cites 9, Cited by 0]
Punjab-Haryana High Court
Xxxxxxxxxxxx vs Xxxxxxxxxxxx on 27 April, 2026
CRM-M-23333-2026 (O&M) 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
263
CRM-M-23333-2026 (O&M)
Date of Decision: 27.04.2026
Hari Parsad @ Hari Prashad
.....Petitioner
Versus
State of Haryana and another
.....Respondents
CORAM: HON'BLE MS. JUSTICE NEERJA K. KALSON
Present:- Ms. Gagandeep KaurChoudhary, Advocate
for the petitioner.
Ms. Vasundhara Dalal Anand, Sr. DAG, Haryana.
****
NEERJA K. KALSON, J.
1. The present petition has been filed under Section 483 of the
Bhartiya Nagarik Suraksha Sanita, 2023, (Section 439 of Cr.P.C) seeking
grant of interim regular bail to the petitioner for a period of 08 weeks on
medical grounds.
2. The petitioner is in custody in a case arising out of FIR
No.0131 dated 04.05.2023, under Sections 304-B, 34 302, 376, 377, 328,
498-A, 511 IPC (Sections 376, 511 of IPC deleted later on), registered at
Police Station Beri, District Jhajjar. Learned counsel for the petitioner
submits that the petitioner is suffering from serious medical ailments,
particularly chronic anal fissure, for which surgical intervention has been
advised. It is contended that despite repeated referrals to Civil Hospital,
Jhajjar, the petitioner has not been provided adequate and timely treatment,
and even where surgery was planned, the same has not materialized. It is
further argued that the petitioner would require post-operative care, strict
hygiene, separate toilet facility, and proper dressing, which cannot be
adequately ensured in jail conditions, thereby justifying interim bail.
3. On the other hand, learned State counsel, on instructions from
the concerned officer, has placed on record the medical status report of the
petitioner. A perusal of the same reflects that the petitioner has been under
continuous medical supervision. The report indicates that:
* The petitioner has been examined at Jail Hospital and
referred to Civil Hospital, Jhajjar on multiple occasions.
* Investigations including USG, blood tests, and pre-
anaesthetic check-ups have been advised and conducted.
* The petitioner has been diagnosed with anal fissure, and
surgery in the nature of fissurectomy with
sphincterotomy has been planned.
* Dates for admission were fixed on more than one
occasion; however, the petitioner did not get admitted on
the scheduled dates.
* The petitioner is presently under conservative treatment
at the Jail Hospital, and further admission has been
scheduled.
4. The medical record thus reflects that the petitioner is receiving
medical attention and is being periodically referred to a higher medical
facility whenever required.
5. The contention raised on behalf of the petitioner that adequate
treatment is not being provided in jail custody, does not find substantiation
from the record. Rather, the record demonstrates that the petitioner has been
extended due medical care, and necessary referrals have been made. It is
also evident that the petitioner himself did not avail admission for surgery
on the dates fixed earlier.
6. At this stage, it is apposite to observe that grant of interim bail
on medical grounds is an exception and not the rule, particularly in cases
involving serious offences. The Court is required to balance the right of the
accused to proper medical treatment with the nature and gravity of the
allegations and the possibility of misuse of liberty.
7. In the present case, the allegations against the petitioner are of
a grave and serious nature, involving offences punishable under Sections
302, 304-B, 377 IPC, amongst others. The seriousness of the accusations
cannot be lost sight of while considering the prayer for interim bail. At the
same time, the right of the petitioner to receive proper medical treatment is
undeniable and must be safeguarded.
8. In view of the above discussion, this Court is of the considered
opinion that no ground is made out for grant of interim bail at this stage.
However, to ensure that the petitioner receives proper and timely treatment,
the following directions are issued:
1. The Superintendent, District Jail, Jhajjar shall ensure that the
petitioner is immediately taken to Civil Hospital, Jhajjar on the
next date already fixed for admission, or earlier if medically
advised.
2. The concerned Medical Officer shall ensure that the surgery, if
required, is conducted expeditiously, in accordance with
medical advice.
3. In case the Civil Hospital lacks requisite facilities, the
petitioner shall be referred to a higher medical center without
delay.
4. The petitioner shall be provided adequate post-operative care,
including hygiene, dressing, and dietary requirements, as per
medical protocol.
5. The Jail authorities shall ensure that the petitioner is extended
all necessary medical assistance without any lapse, and a
compliance report be maintained on record.
9. The present petition is, accordingly dismissed with the
aforesaid directions.
(NEERJA K. KALSON)
27.04.2026 JUDGE
Satyawan
Whether speaking/reasoned: Yes/No
Whether Reportable: Yes/No
