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.

JUDGMENT :

M.A. Chowdhary, J.

1. Petitioner facing trial in a case arising out of FIR No. 150/2021, registered at Police Station Udhampur for the commission of offences punishable under Sections 8/15 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) being unsuccessful in his bail application moved before the Court of learned Sessions Judge Udhampur (for shot ‘the trial Court’) has moved this application for grant of bail primarily on the ground that the petitioner is HIV+ve patient as certified by the doctor.

2. Learned counsel for the petitioner while arguing the case for a while mentioned a judgment passed by this Court in case titled Jasvinder Singh vs. State of J&K, 2022 (1) JKJ 28, whereby in similar circumstances the petitioner suffering from HIV+ve, was granted bail.

3. The petitioner has been charged for having in his possession 1.5 Qtl Poppy Straw which falls within the commercial quantity, as such, rigor of Section 37 of NDPS Act with regard to bail is applicable in the case. The petitioner herein while moving application before the trial Court had not taken the ground of his ailment, as such, the trial Court has not been able to address on the point of his ailment to consider grant of bail. In the case relied upon by the learned counsel for the petitioner, the trial Court had already taken a view on medical ground pleaded in the application and rejected the bail application, therefore, this court was not in a position to appreciate the problem faced by the petitioner in that case.

4. After arguing for a while, learned counsel for the petitioner submits that the petitioner shall be satisfied in case the petition is disposed of with a direction to the trial Court to consider the matter expeditiously on a motion for grant of bail by the petitioner taking medical ground in his petition.

5. Learned counsel for the respondent has stated no objection to the submissions of the learned counsel for the petitioner.

6. In view of the facts and circumstances of the case and the submissions urged at the Bar by the learned counsel for the petitioner, this petition is disposed of with a direction to the trial Court to decide the application moved, if any, by the petitioner for grant of bail expeditiously preferably within ten days from the date of filing of such application.

7. Petition is accordingly, disposed of along with applications, if any.

Disposed of.