The single-judge bench dismissed a petition for anticipatory bail under NDPS Act as the interim bail granted for petitioner's mother's medical emergency was never extended, rendering no ground for grant.
Petition dismissed; no anticipatory bail granted.
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CRM-M No. 8495 of 2020
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In the High Court of Punjab and Haryana at Chandigarh
CRM-M No. 8495 of 2020 Date of Decision: 16.9.2021
Jasbir Kaur @ Dolly and others
......Petitioners
Versus
State of Punjab ......Respondent
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL
Present: Mr. S.S.Grewal, Advocate for the petitioners.
Mr. Avtar Singh Sandhu, Addl. A.G., Punjab.
HARNARESH SINGH GILL, J. (ORAL)
Case is taken up for hearing through video conferencing.
Through the instant petition, the petitioners seek anticipatory bail in case FIR No. 128 dated 6.7.2019, registered under Sections 22 and 61 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Police Station Sadar Jagraon, District Ludhiana.
Vide order dated 27.2.2020, passed by this Court, petitioners No. 2 and 3 were granted interim bail for one month as their mother, petitioner No. 1, was in Coma due to the head injuries suffered by her in an accident. However, till date the petitioners have not moved an application for extension of the interim bail.
Learned counsel for the petitioners has placed on record the medical certificate of petitioner No. 1-Jasbir Kaur @ Dolly, issued by Medical Officer, Arora Neuro Centre, Ludhiana, dated 4.9.2021 which GURPREET SINGH 2021.09.20 14:59 I attest to the accuracy and integrity of this document Chandigarh
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CRM-M No. 8495 of 2020
indicates that petitioner No. 1-Jasbir Kaur @ Dolly was discharged under satisfactory condition on 4.4.2021 and she is on regular follow-up in the OPD and has been advised rest for 15 days.
Since the interim bail was granted to the petitioners for a limited purpose and the same has not been extended at any stage, no ground for grant of anticipatory bail to the petitioners is made out.
The petition is dismissed.
(HARNARESH SINGH GILL) JUDGE
September 16, 2021 Gurpreet Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
GURPREET SINGH 2021.09.20 14:59 I attest to the accuracy and integrity of this document Chandigarh
2 issues framed by the court
Whether anticipatory bail is maintainable when interim bail granted for emergency medical reasons remains unextended without applying for its extension.
Whether the sustained health emergency constituted sufficient ground for converting interim bail into regular anticipatory bail.
Jasbir Kaur @ Dolly and others
State of Punjab
Harnaresh Singh Gill
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
