Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(PH) 5615

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
****
297
Date of Decision.:22.05.2024
Manish Kumar @ Chhiba

…..Petitioner
Vs.
State of Punjab
.….Respondent
CORAM:- HON'BLE MR. JUSTICE DEEPAK GUPTA
Present:-
Mr. Arshpreet Khadial, Advocate
for the petitioner.
Mr. Amandeep Singh, DAG, Punjab.
Mr. Deepinder Singh Virk, Advocate for
Mr. I.S. Khara, Advocate for
the complainant.

Advocates:
Mr. Arshpreet Khadial, Advocate for the petitioner, Mr. Amandeep Singh, DAG, Punjab, Mr. Deepinder Singh Virk, Advocate for Mr. I.S. Khara, Advocate for the complainant

The court has the discretion to grant or deny bail based on the facts and circumstances of the case, and the medical condition of the accused's family member is not a sufficient ground for granting interim bail if the accused is otherwise not entitled to it.

Headnote:
Bail - Criminal Procedure Code - Sections 302, 307, 450, 452, 506, 427, 34 IPC, Sections 25, 27, 54, 59 Arms Act - Interim bail denied on medical grounds of petitioner's wife
Fact of the Case:

The petitioner filed a petition under Section 439 Cr.P.C. seeking interim/regular bail in a case registered under Sections 302, 307, 450, 452, 506, 427, 34 of the IPC and Sections 25, 27, 54, 59 of the Arms Act. The petitioner's ground for seeking interim bail was the medical condition of his wife, who had undergone surgery for cancer and was undergoing therapy.
Finding of the Court:

The court found that the petitioner's wife had been diagnosed with breast cancer in 2022, had received 8 cycles of chemotherapy followed by surgery in March 2023, and was currently on regular follow-up at the Advanced Cancer Institute in Bathinda. Therefore, the court held that no ground for interim bail on medical grounds was made out.
Issues: Whether the petitioner should be granted interim bail on the ground of the medical condition of his wife.
Ratio Decidendi: The court held that the medical condition of the petitioner's wife, who had been diagnosed with breast cancer, had undergone surgery and was undergoing regular treatment, did not warrant the grant of interim bail.
Final Decision: The petition for interim bail was dismissed.

DEEPAK GUPTA, J. (ORAL) By way of this petition filed under Section 439 Cr.P.C., petitioner prays for grant of interim/regular bail in case FIR No.77 dated 14.06.2022 under Sections 302, 307, 450, 452, 506, 427, 34 of the IPC & Sections 25, 27, 54, 59 Arms Act registered at Police Station Raman, District Bathinda.

2. On 20.04.2024, at the time of issuance of notice, counsel for the petitioner prayed only for interim bail on the ground of medical condition of the wife of the petitioner, who was stated to have undergone surgery for 1 of 3 ::: Downloaded on - 23-05-2024 05:31:58 :::

Cancer and presently undergoing therapy for the same.

3. Today reply by way of an affidavit dated 22.05.2024 of Shri Rajesh Snehi Batta, PPS, Deputy Superintendent of Police, Sub-Division Talwani Sabo, District Bathinda on behalf of respondent- State has been filed alongwith the custody certificate. Para No.19 of the said reply is regarding the medical condition of the wife of the petitioner. The said para reads as under:

“That now, during pendency of present petition, in compliance of order dated 20.04.2024, the investigating officer ASI Gian Chand No.1485/Bathinda had collected some of the medical record pertaining to the health of Poonam Rani Wife of Manish Kumar alias Chhiba and found out that she has been getting her treatment from Advanced Cancer Institute situated at B-15, Industrial Growth Centre, Mansa Road, Bathinda. Ultimately, the investigating officer had moved an application before the concerned medical officer to obtain opinion regarding status of medical health of Poonam Rani Wife of Manish Kumar alias Chhiba.On which, the medical officer had given opinion about medical health of Poonam Rani to the effect that the patient Poonam Rani aged about 39 years Wife of Manish Kumar resident of Village Raman Mandi, District Bathinda is diagnosed with Breast Cancer in 2022 and she received 8 cycle of chemotherapy followed by surgery (Left BCS) on dated 01.03.2023 at Advanced Cancer Institute, Bathinda. She received Radiation in the same year (2023) and oral chemotherapy i.e. tablet Capacitabine 500mg for 6 months. Now patient is on regular follows up at Advanced Cancer Institute, Bathinda.”

4. It is evident from the aforesaid reply that wife of the petitioner, 2 of 3 ::: Downloaded on - 23-05-2024 05:31:59 :::

diagnosed with Breast Cancer in 2022, had received 8 cycles of chemotherapy followed by surgery wayback in March, 2023 and presently she is on regular follow up at Advanced Cancer Institute, Bathinda.

5. Thus, no ground for interim bail on medical condition of wife of the petitioner is made out.

Dismissed.

( DEEPAK GUPTA ) JUDGE May 22, 2024 Neetika Tuteja Whether Speaking/reasoned Yes/No Whether Reportable Yes/No 3 of 3 ::: Downloaded on - 23-05-2024 05:31:59 :::

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