SUMEET GOEL, J. (ORAL)

1. The substantive prayer made in the petition reads thus:

‘It is most respectfully prayed that the present petition for regular may kindly be allowed and the petitioner be released on regular bail in case FIR No.48 dated 27.3.2025 under Sections 109, 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 25 and 27 of Arms Act, 1959, registered at Police Station Maqboolpura, District Police Commissionerate. It is further prayed that the petitioner may be granted interim bail during the pendency of the present petition.’

2. Learned counsel appearing for the petitioner, at this stage, has restricted his prayed for grant of interim regular bail to the petitioner for a period of 4 weeks since the petitioner is suffering from HIV.

3. The State was called upon to file reply especially the medical condition of the petitioner. Same is filed today by way of affidavit of Kamaljeet Singh, PPS, Assistant Commissioner of Police, East, Amritsar (additional charge). The same is taken on record. Relevant portion of the said reply reads thus:

‘10. Medical condition of the petitioner: That it is humbly submits that the present petitioner Suraj @ Sooraj is currently lodged in Central Jail, Amritsar. Hence, a report qua medical status of the present petitioner Suraj @ Sooraj has been obtained from Medical Officer, Central Jail, Amritsar. As per which the present petitioner Suraj @ Sooraj is a known case of HIV and HCV reactive, indicating viral infections leading to immunocompromised status. He was referred to Guru Nanak Dev Hospital, Amritsar for specialized evaluation and management. He was admitted to the hospital, where he remained under treatment and remained under close monitoring during hospitalization. He was discharged from the hospital on 14.04.2026 in a hemodynamically stable condition. The present petitioner Suraj @ Sooraj has been shifted back to Central Jail, Amritsar, where he is currently under regular medical supervision and all prescribed medications are being provided to the present petitioner as per advice, and adherence to ATT and ART is being ensured by the Medical Officer, Central Jail, Amritsar. The report of Medical Officer, Central Jail, Amritsar is annexed herewith as Annexure R-1 for kind perusal of this Hon’ble Court.’

4. Keeping in view the precarious medical condition of the petitioner that he is suffering from HIV and HCV reactive, this Court deems it appropriate to grant the interim regular bail to the petitioner for a period of 4 weeks starting from tomorrow i.e. 23.4.2026.

5. Ordered accordingly. The petitioner be released on interim regular bail to the satisfaction of the concerned Court.

6. Needless to say that the petitioner is required to surrender before the concerned trial Court/Illaqa Magistrate/Duty Magistrate/CJM on his own accord, after expiry of 4 weeks. In case the petitioner does not do so, the concerned Court, releasing him on bail, is directed to take steps for taking the petitioner into custody.

7. Disposed of.