KARNAIL SINGH Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Petitioner through the medium of this petition filed in terms of Sec. 439 CrPC seeks grant of bail on medial ground in a case titled 'UT of J&K through CBI vs Dr. Karnail Singh', arising out of FIR/Crime No. RC0042022A0008 under Sec. 120-B read with Ss. 201, 408, 411 and 420 IPC.

(2.) It has been asserted that the petitioner has been arraigned as accused in a case which is pending trial before learned Chief Judicial Magistrate, Jammu; that the petitioner had moved an application before the Court of Principal Sessions Judge, Jammu, which was rejected by him vide order dtd. 14/7/2023; that after rejection of his bail by the trial Court, the petitioner moved another application for grant of bail under Sec. 439 CrPC before the Court of learned Principal Sessions Judge, Jammu, which was objected to by the prosecution, however, during the course of hearing of the said bail application, the petitioner sought his enlargement on short-term bail having regard to his health status so that the petitioner is in a position to get himself treated and become fit enough to face the trial; that the Court of Principal Sessions Judge Jammu after taking into consideration the medical complications being faced by the petitioner and keeping in view of the exception carved out to Sec. 437 CrPC, ordered release of the petitioner on bail for a period of one month i.e till 15/7/2023 vide order dtd. 16/6/2023 and the petitioner was directed to surrender to the custody of concerned jail after expiry of short-term bail on 15/7/2023 at 5:00 pm.

(3.) The petitioner has further pleaded that soon after his release on short-term bail, the petitioner got him medically examined for different diseases and that he was diagnosed, with Major Depressive Disorder at Psychiatric Diseases Hospital, Jammu, with lower backache with radiculopathy by the Orthopedic at Government Medical College Jammu on 26/6/2023, with liver Cirrhosis with Hemorrhoids Grade-II with Irritable Bowel Syndrome at the Medicine Department of Government Medical College Jammu on 4/7/2023 and with severe hypertension with Acute Chest Pain by the Cardiology Department at Government Super Specialty Hospital, Jammu on 1/7/2023.