Nahar Singh vs State of Punjab

Satish Kumar Mittal, J.—Reply to the application filed by way of an affidavit of the Superintendent, District Jail, Sangrur, on behalf of respondent No. 1 has been filed in Court today. The same is taken on record.

Appellant Nahar Singh has filed this application for suspension of sentence during the pendency of the appeal on medical grounds. The applicant-appellant has been convicted u/s 15 of the N.D.P.S. Act for having been found in possession of 70 Kgs. of poppy husk, and sentenced to undergo rigorous imprisonment for 10 years and to pay a fine of Rs. 1,00,000/- and keeping in view the fact that out of sentence of 10 years, the applicant has already undergone more than 3 years and 3 months i.e. about 1/3rd of the sentence.

Counsel for the appellant states that the applicant-appellant is suffering from Rheumatic Heart Disease, the ultimate treatment of which is only the replacement of valve. He is continuously taking the treatment under the supervision of Medical Specialist, Civil Hospital, Sangrur. In this regard, he has referred to the certificate, Annexure A-1, issued by Senior Medical Officer, Distt. Sangrur, dated 13.3.2006.

After notice in the application, on 19.5.2006, counsel for the respondent- State sought time to verify about the illness of the applicant.

Today, an affidavit of the Superintendent, District Jail, Sangrur has been filed. Along with the affidavit, the medical status report of the applicant- appellant has been annexed. In the said affidavit also, it has been stated that the applicant is a diagnosed case of Rheumatic Heart Disease. He is stated to be under treatment since 2003 at Civil Hospital, Sangrur and now he is under treatment at Rajindra Hospital, Patiala, as his treatment was not possible at Jail Hospital, Sangrur or at Civil Hospital, Sangrur and he was referred to Rajindra Hospital, Patiala for constant supervision and management of the heart alignment (ailment ?).

After hearing the counsel for the parties and in view of the serious ailment of the applicant, which is duly supported by the medical record submitted by the applicant as well as the medical status report annexed with the affidavit filed on behalf of respondent No. 1, I deem it appropriate, just and proper to grant interim bail for period of six and half months to the applicant-appellant to enable him to get his proper treatment.

Hence, the application is allowed to the extent that the sentence imposed on the applicant-appellant shall remain suspended till 10.12.2006 subject to his furnishing heavy surety with the condition that he will surrender himself to the jail authorities on or before 10.12.2006.

Bail to the satisfaction of CJM, Sangrur.