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2025 Supreme(Online)(P&H) 16013

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
SHAMSHER SINGH @ MONU RANA – Appellant
Versus
STATE OF HARYANA – Respondent



IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH Date of decision: 15th September, 2025 Shamsher Singh @ Monu Rana ...Petitioner Versus State of Haryana ...Respondent CORAM: HON'BLE MRS. JUSTICE MANISHA BATRA Present: Mr. Namit Khurana, Advocate for the petitioner.

Mr. Neeraj Poswal, Assistant Advocate General, Haryana.

***

MANISHA BATRA, J (ORAL):-

The instant one is the second petition as filed by the petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) for grant of regular bail in case arising out of FIR No. 410 dated 09.11.2023 registered under Sections 201, 272, 308, 328, 120-B, 420, 467, 468, 471, 472, 473 and 34 of IPC and Sections 61, 63-A, 72-A of the Punjab Excise Act, 1914 (Haryana Amendment Bill 2020) at Police Station Mullana, District Ambala. The application bearing CRM-35489-2025 has been filed for grant of interim bail on medical grounds. While addressing the arguments, learned counsel for the petitioner confines his prayer to interim bail.

2. It is submitted by learned counsel for the petitioner that he had sustained a firearm injury on 04.01.2017 on his back. Due to the impact of that injury, he is suffering from paraplegia as lower portion of his body is completely paralyzed and is not in motion. He is totally bed-ridden. He is unable to do even his routine work and take care of personal hygiene without the help of other person. Due to the paralysis in his lower limbs, his bowel and bladder movement has also involved. He is having chronic bed sore. His sensory reflexes below the level of nipple are absent. He is using catheter. He is in urgent need of surgery as he is facing risk of life, for that purpose he needs to be released on bail. Previously also he remained on interim bail and never misused the concession of the same. It is, therefore, urged that the petition deserves to be allowed.

3. Along with the application, the petitioner has annexed a copy of medical status report as submitted by Medical Officer, District Jail, Kurukshetra, as per which, the petitioner has history of gunshot injury in spine in 2017. He is using catheter from the last eight years. He is suffering from paralysis bilateral lower limb with chronic bad sore. He has wounds on his left hip. He is provided wet dressing twice a day and protein diet is being provided to him. Even his sensory reflexes are absent below the level of nipple. The petitioner has also annexed the copies of orders passed in three other FIRs granting interim bail to him.

4. Learned State counsel has argued that since there are serious allegations against the petitioner and he is involved in several other cases, therefore, he does not deserve to be released on bail. The fact as to his medical condition, however, has not been controverted.

5. This Court has heard learned counsel for the parties at considerable length.

6. On a perusal of the medical status report of the petitioner, this Court is of the considered opinion that a case for release of the petitioner on interim bail for limited period on medical ground is made out. Accordingly, the petitioner is ordered to be released on interim bail till 05.01.2026, subject to his furnishing personal/surety bonds to the satisfaction of the concerned Court. He shall surrender before the concerned jail on 05.01.2026 before 5:00 PM.

7. It is clarified that this interim bail is conditional and if the petitioner is found to be involved in commission of any other offence apart from the one in which he has already been booked, the State shall be at liberty to seek cancellation of his bail as the same would be considered as a violation. The petition is disposed of accordingly to the extent of relief for grant of interim bail. The petitioner will not seek extension of interim bail in this petition. He will, however, be at liberty to file a fresh petition for regular bail on the grounds taken in main petition or on medical ground, if necessitated.

7. Since the main petition has been disposed o

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