Allowed

Gurpreet Singh @ Gogi v. State of Hp

Himachal Pradesh HC16 Nov 2017CRMPM/1372/2017

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner in a murder FIR based on medical grounds. The court noted the petitioner's diagnosis of ankylosing spondylitis making daily chores difficult. Bail is granted on a personal bond of Rs. 1,00,000 with two sureties.

What did the court decide?

Petitioner ordered to be released on bail in FIR No. 23/2016 on furnishing a personal bond of Rs. 1,00,000 with two sureties.

Gurpreet Singh @ Gogi Vs State of Hp — Bail and Remand | Himachal Pradesh HC (2017)

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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.

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Cr.M.P(M) No. 1372/2017 Decided on: 16.11.2017 Gurpreet Singh alias Gogi. …Petitioner. Versus State of Himachal Pradesh. …Respondent. _____________________________________________________________ Coram:

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Hon’ble Mr. Justice Tarlok Singh Chauhan, Judge.

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Whether approved for reporting?¹ No. For the Petitioner: Mr. Satyen Vaidya, Sr. Advocate with Mr. Vivek Sharma, Advocate. For the Respondent: Mr. V.S. Chauhan, Addl. A.G. _________________________________________________________

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Justice Tarlok Singh Chauhan, Judge (oral) :

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The petitioner has sought bail in case FIR No.23/16, registered at Police Station, Nalagarh on 26.1.2016, under Sections 302, 201, 342, 323/34 of the Indian Penal Code.

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The petitioner has thrown himself to the mercy of the Court and has not claimed the bail on merit but only prays that he be released on bail on medical grounds.

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1 Whether reporters of the local papers may be allowed to see the judgment? yes

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3. On 31.10.2017, this Court had directed the

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respondent to produce the medical records of the petitioner. In compliance to the said directions, the Investigating Officer has placed on record the medical records of the petitioner after obtained the same from the jail authorities. A perusal of the documents would clearly goes to show that the petitioner has been diagnosed to be B27 positive and suffering from ankylosing spondylitis, a form of arthritis, primarily affecting the spine and sacroiliac joints (lower back).

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Learned counsel for the petitioner informs this Court that on account of the aforesaid disease, the petitioner is not only suffering acute pains and loss of mobility but on account of stiffness it is difficult for the petitioner to even attend to the call of nature and do the daily chores.

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Therefore, in such circumstances, this is a fit case that the petitioner ought to be released on bail. However, it is clarified that the lenient view is being taken and bail is being granted only on medical ground and not any other ground. It is further made clear that in case condition of the petitioner improves or the

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petitioner is found to be violating the terms and conditions of this order, the bail so granted will liable to be cancelled.

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Accordingly, the petition is allowed and the petitioner is ordered to be released on bail in case FIR No. 23/2016, registered at Police State, Nalagarh, under Sections 302, 201, 342, 323 and 34 IPC, on his furnishing personal bond in the sum of Rs.1,00,000/with two sureties of the like amount to the satisfaction of the Judicial Magistrate Ist Class, Nalagarh, District Solan, with the following conditions:-

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(i) He shall make himself available for the purpose of interrogation, if so required and regularly attend the trial Court on each and every date of hearing and if prevented by any reason to do so, seek exemption from appearance by filing appropriate application;

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(ii) He shall not tamper with the prosecution evidence nor hamper the investigation of the case in any manner whatsoever;

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(iii) He shall not make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him/her from

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disclosing such facts to the Court or the Police Officer, and

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(iv) He shall not leave the territory of India without prior permission of the Court.

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Learned Judicial Magistrate Ist Class, Nalagarh, District Solan, is directed to comply with the directions issued by the High Court, vide communication No. HHC.VIG./Misc. Instructions/93IV.7139 dated 18.03.2013.

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Any observation made hereinabove shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made hereinabove.

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Petition stands disposed of.

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Copy dasti.

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(Tarlok Singh Chauhan), Judge.

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awasthi

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16.11.2017

Gurpreet Singh @ Gogi v. State of Hp

Case brief

What is this about?

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Gurpreet Singh @ Gogi v. State of Hp

Case brief

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What did the court decide?

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