Interim bail on humanitarian grounds related to a family member's medical condition is not warranted when evidence shows other family members are available to provide care and support.

SANJAY VASHISTH. J.(Oral)

1. Present petition has been filed by the petitioner, seeking grant of interim regular bail in case bearing FIR No.83, dated 26.04.2019, under Section(s) 22 of the NDPS Act, registered at Police Station Sultanpur Lodhi, District Kapurthala, for a period of six weeks, on the ground that her widowed mother requires urgent medical attention as per medical opinion dated 09.07.2025 (Annexure P-2).

2. In the instant interim regular bail petition, on 30.07.2025, following order was passed:-

1. Present petition has been filed by the petitioner, seeking grant of interim regular bail in case bearing FIR No.83, dated 26.04.2019, under Section(s) 22 of the NDPS Act, registered at Police Station Sultanpur Lodhi, District Kapurthala, for a period of six weeks, on the ground that her widowed mother requires urgent medical attention as per medical opinion dated 09.07.2025 (Annexure P-2).

2. Learned counsel for the petitioner relies upon the medical opinion dated 09.07.2025 (Annexure P-2) which reads as under:-

“Patient Name: Bholi w/o Sukhdev Singh

Age: 65 years

Sex: Female

Ref. No.: 74224

To whom it may concern

This is to certify that Bholi w/o Sukhdev Singh r/o Village-Toti, Sherpur Dona, District-Kapurthala came to my hospital for the treatment of inferior myocardial infarction with elevated cardiac markers, ST segment elevation and very high triglycerides levels. After 12 hours of initial treatment, patient is advised emergency surgical intervention in an advanced cardiac center. But the patient refuses to take treatment in the absence of her son Gurnam Singh who is currently sentence in Kapurthala Prison. For the sake of human life, I humbly request the respected higher jail authorities to allow her son to be her side during the tenure of her treatment. I will be highly obliged.

Thanking You,

Your Sincerely

Dr. Vikrant Bhatia

Dated: 09.07.2025

Mobile No.82849-21702”

3. Counsel for the petitioner submits that petitioner was granted interim bail by the trial Court, vide order dated 04.07.2019, as the FSL report regarding the alleged recovery of 255 grams of anintoxicating substance was not received at that time. However, upon receipt, the substance was identified as Alprazolam, which falls under the category of commercial quantity. Consequently, the interim bail granted earlier was cancelled, vide order dated 09.03.2021, and non-bailable warrants of arrest were issued against the petitioner.

Thereafter, petitioner filed a second anticipatory bail application, which was dismissed by the trial Court, vide order dated 20.03.2024. A subsequent anticipatory bail petition filed before this Court was disposed of as having been withdrawn, vide order dated 28.05.2024. However, petitioner surrendered himself on 14.05.2025 and has remained in custody since then. Charges have also been framed in the case.

4. Learned counsel for the petitioner further submits that recovery has already been effected and no further investigation remains pending as far as the petitioner is concerned.

5. It is further submitted that petitioner is willing to participate in the proceedings and appear on each and every date, if released on regular bail. Request for bail is made in view of the urgent need for the petitioner’s presence at home to assist his ailing mother, who requires proper medical treatment as per the doctor’s recommendation dated 09.07.2025.

6. Notice of motion.

7. On advance notice, Mr. Neeraj Madaan, Sr. DAG, Punjab, puts in appearance on behalf of the respondent – State, and seeks some time to file status report in the matter.

8. Adjourned to 11.08.2025.

9. Let status report be filed by learned State counsel, which would specifically include details regarding the medical condition of the petitioner's