DARSHAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure for setting aside the order dated 04.05.2010( P2) passed by the Court of Additional Sessions Judge, Hoshiarpur in case FIR No. 229 dated 08.11.2007 registered at Police Station Garhshankar, District Hoshiarpur under Section 307 of Indian Penal Code and Sections 27/54/59 of the Arms Act, vide which, the trial court has directed the CMO, Amritsar, to constitute a Board of at least three doctors, to determine whether the treatment of the present petitioner in Glenfield Hospital UK is essential and emergent in nature in view of the facts and circumstances of the case.

(2.) It is contended that the petitioner is suffering from chronic heart problem as he has undergone coronary artery bypass surgery at Glenfield Hospital. The petitioner had three bypass grafts placed. It is further contended that the petitioner is now required to get regular medical check up at University Hospital of Leicester Glenfield Hospital wherein, he was undergoing medical treatment. For his medical check up, the petitioner has appointment with the Pacemaker Department on 17.05.2010 and with the Cardiology Department on 26.05.2010. The Sub Divisional Judicial Magistrate, Garhshankar vide its order dated 23.04.2010, in the connected matter, has already granted the petitioner liberty by observing as under: Perusal of the documents reveals that the accused has to keep an appointment with his doctor in U K. The accused has undergone cardiothoracic surgery. A pacemaker has been fitted. The pacemaker requires to be changed. In these circumstances, I am of the considered view that the application of the accused/applicant required to be sympathetically treated. Furthermore, accused himself voluntarily surrendered before this Court as per order of the Hon'ble High Court. Therefore, application of the accused is allowed. He is permitted to go abroad during the period 06.05.2010 to 25.10.2010. The accused is granted permission to go abroad, subject to the condition that he furnishes an indemnity bond in the sum of Rs.15,00,000/-with one surety in the like amount. The accused shall immediately report to this Court, after return on 25.10.2010. Passport of the accused is ordered to be returned to him against proper receipt and due verification. Taking into account the fact that the petitioner had earlier opted to return to India to absolve himself and in compliance with the order dated 07.01.2010 passed by this Court in CRM M 12013 of 2009 even surrendered before the trial Court and moved an application for grant of regular bail which has since been accepted, it would be only fair to allow the present petition.

(3.) Accordingly, the order dated 04.05.2010 (P2) passed by the Court of Additional Sessions Judge, Hoshiarpur is set aside and the petitioner is allowed to visit U.K. for the purpose of his medical treatment in terms of the order dated 23.04.2010 (Annexure P-7) passed by the Sub Division Judicial Magistrate Garshankar.