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2020 DIGILAW 430 (JK)

Devi Singh v. Union Territory of J&K

2020-08-25

RAJNESH OSWAL

body2020
JUDGMENT The present bail application has been filed by the applicant seeking interim bail on medical grounds in a criminal challan, titled, State v. Kuldeep Singh and others under sections 302, 109, 147, 341 and 342 RPC and 4/25 Arms Act arising out of FIR No. 45/2019 of Police Station, Ramgarh, District Samba pending disposal before the learned Principal Sessions Judge, Samba (hereinafter to be referred as the ‘trial court’). 2. It is stated that earlier the applicant was granted interim bail on health ground by the trial court vide order dated 03.04.2020 while taking into consideration the peculiar health condition of the applicant as the applicant is an old man of 72 years suffering from multiple ailments like high blood pressure, diabetes, asthma, allergy and acute problem of both knees. Thereafter, the interim bail granted to the applicant was further extended for a period of 30 days, i.e. upto 05.06.2020. The applicant moved another application on 04.06.2020 before the trial court seeking further extension of bail for 30 days on health grounds in which the applicant has stated before the learned trial court that due to COVID-19 pandemic, it was not possible for his wife to supply medicines to the applicant in the Sub Jail, Hiranagar and it was also stated that in the close vicinity of the applicant, one pregnant lady is found to be Corona positive, therefore, it was not possible for the applicant to surrender before the jail authorities on 06.06.2020 as per the mandate of order dated 04.05.2020 of the learned trial court. Learned trial court after hearing the applicant dismissed the said application vide order dated 05.06.2020. After the dismissal of the said bail application, instant bail application has been filed seeking interim bail on health ground. 3. Respondent has filed the objections, in which it has been stated that the applicant is facing trial in a challan, titled, State vs Kuldeep Singh and others under sections 302, 109, 147, 341 and 342 and 4/25 RPC Arms Act arising out of FIR No. 45/2019 of Police Station, Ramgarh, District Samba and that the offence is of heinous in nature so the applicant cannot be enlarged on bail. It has also been stated that the applicant can be provided requisite medical treatment by the jail authorities in the jail. 4. Mr. It has also been stated that the applicant can be provided requisite medical treatment by the jail authorities in the jail. 4. Mr. Jagpaal Singh, learned counsel for the applicant has vehemently argued that the applicant is an old man of 72 years of age and has suffered from various ailments as mentioned above and due to COVID-19 pandemic, it was not possible for the wife of the applicant to provide medicines to the applicant in the Jail so he is required to be enlarged on bail on health ground. 5. On the contrary, Mr. Ayjaz Lone, learned Dy. A. G. appearing for the respondent has vehemently opposed the instant application, while reiterating the grounds those have been narrated by him in his objections, submits that he has received information from the SHO concerned with regard to the fact that the complainant in aforementioned FIR has approached the Police Station with a complaint that the applicant has been threatening him of dire consequences. He has further submitted that the jail authorities shall provide requisite medical treatment to the applicant in the jail. 6. Heard and considered. 7. This is an admitted fact that the applicant is facing trial in a challan, titled, State vs Kuldeep Singh and others under sections 302, 109, 147, 341 and 342 and 4/25 RPC Arms Act arising out of FIR No. 45/2019 of Police Station, Ramgarh, District Samba and the trial is pending disposal before the learned Principal Sessions Judge, Samba. 8. A perusal of the application reveals that he had filed an application before the trial court for grant of interim bail, which was granted for a period of 30 days with effect from 04.04.2020 to 04.05.2020 and the same was extended by the learned trial court for a period of 30 days on 04.05.2020. Thereafter, when the instant bail application was filed before this Court on 10.06.2020, interim bail was granted to the applicant which has been extended from time to time till date. It is evident that the applicant has remained on bail for a period more than 30 days that was sought by the applicant before the trial court but was rejected by the trial court on 05.06.2020. The applicant is facing trial in commission of heinous crime of murder and, as such, he cannot claim bail as a matter of right. It is evident that the applicant has remained on bail for a period more than 30 days that was sought by the applicant before the trial court but was rejected by the trial court on 05.06.2020. The applicant is facing trial in commission of heinous crime of murder and, as such, he cannot claim bail as a matter of right. The other contention of inability of the applicant to surrender before the jail authorities because one lady in the close vicinity of the applicant had turned to be a Corona positive has also become irrelevant as that situation exists no more now. The contention of the applicant that he is suffering from various ailments and that his wife is not in a position to supply medicines to the applicant in the Jail in view of COVID-19 pandemic, can be taken care of by directing the Superintendent of Jail, Sub Jail, Hiranagar to provide the applicant all the medical facilities to the applicant taking into consideration his health condition. 9. In view of this, no case for bail is made out and, as such, this application for grant of bail is dismissed. The applicant is directed to surrender before the Superintendent of Jail, Sub Jail, Hira Nagar on 26.08.2020 at 10.00 A.M. and Superintendent of Jail shall provide all the medical facilities to the applicant. 10. Registry to send a copy of this order to the Superintendent of Jail, Sub Jail, Hiranagar for information and compliance.