DEVI SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) The present bail application has been filed by the applicant seeking interim bail on medical grounds in a criminal challan, titled, State vs. 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.