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1988 Supreme(P&H) 228
PUNJAB AND HARYANA HIGH COURT
A.L. Bahri, J.
Sohan Lal - Petitioner
Versus
State of Haryana - Respondent
Criminal Misc. Nos. 2351 & 2350-M of 1988
Decided On : 8 June, 1988
Important Points
Subject
Criminal Law - Bail and Pretrial Release
Headnote
Bail - Medical Grounds - Release of Accused on Bail
Fact of the Case:
Sohan Lal filed a bail application citing his illness and previous rejection of bail applications. Medical reports and treatment obtained from Medical College Rohtak were produced, along with an order allowing interim bail on medical grounds. Sohan Lal, aged about 70 years, had developed illness during his stay in jail, including congestion in the lungs and heart problems.
Finding of the Court:
The court found that Sohan Lal's medical condition warranted his release on bail, considering his age and the medical reports and treatment obtained from the hospital. The previous rejections of bail applications were also taken into account.
Issues: The main issue was whether Sohan Lal's medical condition justified his release on bail, despite the previous rejections of bail applications.
Ratio Decidendi: The court relied on the medical reports and treatment obtained from the hospital, as well as the previous order allowing interim bail on medical grounds, to conclude that Sohan Lal's medical condition warranted his release on bail.
Final Decision: Sohan Lal was ordered to be released on furnishing bail bond to the satisfaction of the Chief Judicial Magistrate, Karnal for appearing in the case on the date fixed in the Trial Court.
For the Petitioner:J.S. Dhillon, Advocate.
For the Respondent:Mr. S.K. Hooda, Advocate, for A.G. Haryana.
ORDER
A.L. Bahri, J. - Sohan Lal petitioner has prayed for bail in this case registered vide F.I.R. No. 123 dated July 18, 1987 under Sections 304/148/149 & PC.
2. As per allegations, Sohan Lal and his companions attacked Madan Lal. After Roshan Lal accused gave injuries to Madan Lal, he fell down whereupon other accused gave injuries to him. As mentioned in the bail application, earlier twice bail application of the petitioner was rejected by H.S. Rai, J. on August 25, 1987 and October 5, 1987. Thus, it is not necessary to consider the case on merits again.
3. A fresh ground has now been urged that Sohan Lal developed illness during his stay in the jail and he had to be admitted in the hospital. Copies of medical reports and treatment obtained from Medical College Rohtak have been produced. Copy of the order of the Additional Sessions Judge, dated February 19,1988 has also been produced that on medical grounds, interim bail was allowed to Sohan Lal. Apart from congestion in the lungs, there was heart problem also as indicated in the documents produced. He remained on bail from January, 1, 1988 to February 15, 1988 and the present application was filed in April 1988. Sohan Lal is aged about 70 years and is sick and on that ground, he deserves bail. He is ordered to be released on furnishing bail bond to the satisfaction of the Chief Judicial Magistrate, Karnal for appearing in the case on the date fixed in the Trial Court.
