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M. A. CHOWDHARY
Karnail Singh, S/o. Late Shiv Ram, Through Mr. Sahil Kala – Appellant
Versus
Union Territory of J. &K. , Through Incharge Police Station – Respondent
JUDGMENT :
1. Petitioner through the medium of this petition filed in terms of Section 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 Section 120-B read with Sections 201, 408, 411 & 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 dated 14.07.2023; that after rejection of his bail by the trial Court, the petitioner moved another application for grant of bail under section 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
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 main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
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 discretion to grant bail lies with the judge, considering the severity of the offence, the presumption of innocence, and the right to speedy trial. Humane treatment of prisoners with ailments is ....
The main legal point established in the judgment is that the court must carefully consider relevant aspects and not pass orders for bail and suspension of sentence as a matter of routine, especially ....
The main legal point established in the judgment is the discretion of the court in granting bail, considering the severity of the offence, medical grounds, and delay in trial, while emphasizing the p....
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 established that short term bail can be granted on medical grounds, emphasizing the right to health under Article 21, despite the severity of the charges.
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