The High Court of Punjab & Haryana granted interim bail to the petitioner for three weeks to avail medical treatment for his mother. Conditions included surrender after the interim period.
Petitioner admitted to interim bail for three weeks, conditioned on surrender before Chief Judicial Magistrate after expiry.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
Crl. Misc. M No. 17560 of 2010 Date of Decision: August 24, 2010
Sandeep Sharma
...........Petitioner
Versus
Central Bureau of Investigation
..........Respondent
Coram: Hon'ble Mrs. Justice Sabina
Present: Mr.Sanjeev Bansal, Advocate for the petitioner. Mr.S.S.Sandhu, Advocate for the CBI
**
Sabina, J.
Petitioner has filed this petition under Section 439 of the Code of Criminal Procedure for grant of interim regular bail in FIR No. RC0712008(E)0002 dated 26.6.2008 under Sections 120-B IPC read with Sections 420, 467,468,471 IPC and Section 13(2) read with Section 13(1) (d) of the Prevention of Corruption Act, 1988, P.S. CBI EOW-1/DLI, New Delhi.
Learned counsel for the petitioner has submitted that the mother of the petitioner is suffering from heart problem and her heart arteries are blocked. The mother of the petitioner requires an immediate operation. Although 17 cases have been registered against the petitioner but the learned counsel for the petitioner has submitted that the petitioner is already on bail in 14 cases. Learned counsel for the petitioner has submitted that the petitioner has not been able to repay the loan amount after he was arrested and before his arrest there has been no default qua repayment of the loan amount. Learned counsel for the petitioner has
Crl. Misc. M No. 17560 of 2010 -2-
assured that the petitioner will repay the loan amount within three weeks from the date of his release, by selling his property which has not been mortgaged with any Bank or any person. Learned counsel has further submitted that the applications seeking interim bail in two other cases are still pending.
The fact that the mother of the petitioner suffers from heart problem and requires immediate operation has not been disputed by the learned counsel for the respondent as the same has been got verified by the CBI officials from PGI Chandigarh. However, the learned counsel has opposed the petition.
Accordingly, it would be in the interest of justice to allow interim bail to the petitioner who is in custody since 6.2.2009 to enable him to get his mother operated.
Hence, this petition is allowed. Petitioner be admitted to interim bail for three weeks' subject to the satisfaction of the Chief Judicial Magistrate, Chandigarh. Petitioner is directed to surrender before the Chief Judicial Magistrate after the expiry of the interim bail i.e. three weeks from the date of his release.
( Sabina ) Judge
August 24, 2010 arya
3 issues framed by the court
Whether to grant interim bail to a petitioner suffering family medical emergency.
Whether existing medical condition of petitioner's mother justifying immediate operation warrants interim bail.
Duration and conditions for interim bail in bail petition under Section 439 CrPC.
1 provisions across 1 enactments
Sandeep Sharma
Central Bureau of Investigation
Sabina
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
