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Judgment
The objections to the application have been filed.
Heard.
The petitioner seeks bail on medical grounds. Learned counsel for the petitioner has submitted that the petitioner requires immediate treatment and in
case he is not in position to avail the medical facility the eye sight of both the eyes of the petitioner shall be lost forever. Learned counsel for the
respondents has fairly submitted that in view of the medical reports that are on file the petitioner does require medical treatment of his left eye
urgently. The petitioner has already lost vision of his right eye. It may not be possible for the Jail authorities to take the petitioner to P.G.I. Chandigarh
or any other place outside the Union Territory for treatment in view of the present COVID-19 condition.
Mr. Aseem Sawhney, learned AAG has submitted that the petitioner is facing trial for commission of offence under Section 302 RPC and in case the
petitioner is to be granted bail the court should impose stringent conditions so that the petitioner may not escape the trial.
The petitioner is facing trial for commission of offence under Section 302 RPC arising out of F.I.R. No. 327/2014 registered with Police Station,
Kathua. No doubt the petitioner is facing the trial in a serious offence yet the court is of the view that the medical condition of the petitioner entitles
the petitioner to bail on that ground for a limited period.
Accordingly, the petitioner is granted bail subject to furnishing of personal bond to tune of Rs. 50,000/- and surety bond of the like amount to the
satisfaction of the concerned Superintendent/Incharge Jail. The petitioner shall inform the Superintendent jail of his intended place of treatment before
he proceeds for the said place. The petitioner shall not travel beyond that place while he is on bail. The petitioner shall also during the bail period
inform the Medical Superintendent once in two weeks of his whereabouts. The bail shall remain in operation till 11th of August, 2021 and petitioner
shall surrender immediately thereafter before the Jail authority. In case the petitioner intends to seek extension of bail on medical grounds he shall be
at liberty to approach the trial court for the same.
The application, is accordingly, disposed of.