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2023 DIGILAW 2178 (PNJ)

Baljinder Singh alias Bhumbli v. State of Punjab

2023-07-14

ANUPINDER SINGH GREWAL

body2023
Judgment Mr. Anupinder Singh Grewal, J. The petitioner is seeking his release on parole on medical ground. 2. Learned counsel for the petitioner submits that the petitioner has been convicted in FIR No.58 dated 23.04.2016 under Section 22 of the NDPS Act, registered at Police Station Daba, Ludhiana and is undergoing imprisonment for a period of 10 years. He has undergone sentence of 2 years and 04 months. The allegations against the petitioner in the aforenoted FIR are that he was found in possession of 270 grams of Diphenoxylate Hydrochloride. The petitioner was also involved in other cases under the NDPS Act which pertain to non-commercial quantity. He was also involved in other cases under IPC. She submits that the petitioner is suffering from various ailments which include Hepatitis-C, Right Renal Calculus, fracture of 5° Rib left side and urological problem. She has referred to the medical report issued by Senior Medical Officer, Central Jail, Ludhiana at Annexure R-1 with the reply. She also submits that the petitioner had earlier been granted interim bail on medical ground in CRM-M-30997-2018 on 04.10.2018 He had promptly surrendered on its expiry. 3. Learned State counsel submits that the petitioner is involved in several cases and, therefore, his case for parole has been rightly rejected by the District Magistrate. 4. Heard. The petitioner is stated to have put in about 2-1/2 years of imprisonment. The case of the petitioner has been rejected on the ground that the petitioner is likely to commit criminal activity on his release. The petitioner is suffering from various ailments and is being treated at the Jail Hospital as well as the Civil Hospital, Ludhiana. Out of 03 cases under the NDPS Act, two cases pertain to recovery of non-commercial quantity while in third case, the petitioner has undergone 2-1/2 years of imprisonment. 5. Consequently, the petition is allowed. The petitioner shall be granted parole for a period of 04 weeks subject to his furnishing necessary surety bonds to the satisfaction of the competent authority and on expiry of 04 weeks, he shall surrender to the concerned jail.