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SANJAY DHAR
Gurmeet Singh – Appellant
Versus
Union Territory of J&K – Respondent
JUDGMENT :
1. The petitioner has filed the instant bail application on medical grounds. According to the petitioner, he is facing trial for offences under Sections 8/15 of Narcotic Drugs and Psychotropic Substances Act (for brevity 'NDPS Act') arising out of FIR No. 167/2018 before the Court of learned 1st Additional Sessions, Judge Jammu.
2. It is averred that the petitioner is suffering with Chronic Myeloid Leukemia (CML) i.e., Blood Cancer and is under medical treatment of Oncologist Govt. Medical College, Jammu since 14.03.2019. It is further averred that as per the report of the Doctor petitioner needs regular follow up at Oncology Department, besides petitioner is having low immunity and there are higher chances of him contacting COVID-19 infection which could prove fatal for him and his fellow inmates. It is further contended that in view of the aforesaid serious medical condition of the petitioner he had made an application before the trial court, but the same came to be rejected vide order dated 31.08.2020. After the rejection of the bail application another medical report was called from the concerned District jail which reveals that the petitioner is under treatment of Onc
The limitations on granting of bail specified in Section 37 of the NDPS Act are in addition to the limitations under the Code of Criminal Procedure, and do not act as a blanket ban on the power of th....
The court established that the provisions of Section 37 of the NDPS Act do not act as an absolute bar to granting bail on humanitarian grounds, such as serious medical conditions, allowing for judici....
The main legal point established is that a petitioner, even with serious medical conditions, may not be granted bail on medical grounds if they can receive necessary treatment in custody and there is....
The court emphasized the consideration of the petitioner's medical condition in the bail application and the need for an expeditious decision by the trial court.
The main legal point established is that a person who is sick or infirm, as defined under Section 45 of the PMLA, may be entitled to seek bail based on their medical condition.
The court held that bail may be granted under Section 45(1) of PMLA for sick or infirm individuals, emphasizing humane considerations in light of critical health conditions.
The urgency and criticality of life-threatening medical conditions can warrant interim bail under Section 45 of PMLA, especially when specialized care is unavailable in judicial custody.
The discretion to grant bail on medical grounds should be exercised judiciously, guided by principles of law and after recording satisfaction that necessary circumstances exist warranting such a disc....
The seriousness of the offence and the stage of the trial are crucial factors in considering bail on medical grounds.
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