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2013 DIGILAW 1406 (PNJ)

Prabhjeet Singh v. State of Punjab

2013-10-25

T.P.S.MANN

body2013
JUDGMENT Mr. T.P.S. Mann, J.: (Oral) - This petition has been filed by the petitioner under Section 439 Cr.P.C. for the grant of regular bail in case FIR No.96 dated 19.11.2012 registered at Police Station Sadar Faridkot under Section 22 of the NDPS Act. 2. According to the prosecution, 19 strips of Fortadol- DM, each containing 10 tablets, 10 strips of Carisoma, each containing 10 tablets and 16 vials of Recodex of 100 mls. each were recovered from the petitioner. 3. The case of the petitioner is that his right foot had been amputated and therefore, he could not have driven the motorcycle as alleged by the prosecution. 4. During the pendency of the present petition, a miscellaneous application was filed for the grant of interim bail to the petitioner on the ground that his remaining right foot had developed serious infection and it was not possible for him to walk on his own. He could walk with the help of some person or a stick. Also the doctor attending upon him had recommended amputation of his right leg, as he was diagnosed to be having non-healing ulcer on right foot. The said application was allowed and the petitioner was granted ad interim bail. 5. The petitioner is present in person and as is apparent, his right leg from near the knee portion has been amputated. 6. After obtaining instructions from Sub-Inspector Rajesh Kumar, learned State counsel has informed the Court that after the completion of investigation, police has presented the final report under Section 173 Cr.P.C. and the case is now fixed for 05.12.2013 for recording of prosecution evidence. 7. Without going into the merits of the case but keeping in view the fact that the right leg of the petitioner stands amputated, the petitioner can now be taken as an infirm person in terms of the provisions of Section 437 (1) Cr.P.C. and therefore, entitled to bail during the pendency of the trial. 8. Resultantly, the petition is accepted. The petitioner shall remain on bail during the trial of the case subject to his furnishing fresh bail bonds to the satisfaction of the trial court within two weeks from today.