Decided on November 13,2020

Union Territory Of Jammu And Kashmir Respondents


ALI MOHAMMAD MAGREY - (1.)The applicant, namely, Ghulam Mohammad Mir S/o Mohammad Subhan Mir R/o Shilvat, Sumbal, Bandipora, accused in case bearing FIR No. No.04/2020 registered by Police Station, Sumbal, Bandipora, for the commission of offence(s) punishable under Section 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'the Act of 1985'), during the pendency of the trial of the aforesaid case before the Court of competent jurisdiction, approached the Court of learned Principal Sessions Judge, Bandipora, for seeking his release on bail on medical grounds in view of his deteriorating health condition and, in terms of order dated 17th of June, 2020, the learned Sessions Court admitted the applicant-accused to bail with a further stipulation that the he shall surrender back on 29th of June, BA No. 58/2020 CrlM No. 754/2020 2020. Thereafter, this interim bail was extended from time to time by the Court below, however, on 10th of July, 2017, since the Court below held that the applicant-accused will not be granted any further extension in bail, as such, the applicant-accused approached this Court through the medium of petition under Section 439 of the Code of Criminal Procedure, being BA No. 58/2020, seeking extension in bail already granted to him by the Court below. When the said bail application came up for consideration before this Court on the very motion hearing, i.e., on 24th of July, 2020, this Court extended the interim bail granted by the Court below in favour of the applicant-accused. On 17th of August, 2020, however, this Court directed the Senior Superintendent of Police (SSP), Bandipora to take the applicant-accused in custody and handover the same to the Superintendent, Central Jail, Srinagar with a direction to the Superintendent, Central Jail, Srinagar, to take the custody of the applicant-accused from the Senior Superintendent of Police (SSP), Bandipora, after complying with all the protocol in vogue for containing the spread of COVID-19 Pandemic. The Superintendent, Central Jail, Srinagar was also directed to get the applicant-accused medically examined and provide him all the necessary treatment as may be required for him as per medical advice and in keeping with the mandate of Jail Manual.
(2.)Thereafter, the applicant-accused filed another application before this Court, being CrlM No. 754/2020, seeking grant of bail in his favour on medical grounds in the aforesaid case registered against him, more specifically in view of the medical advice given to him by the Medical Officer, District Hospital, Bandipora, vide certificate dated 4th of September, 2020, in BA No. 58/2020 CrlM No. 754/2020 terms whereof the applicant-accused has been advised to undergo surgery for 'Acute Cholelithiasis'.
(3.)When the aforesaid application was listed before this Court on 10th of November, 2020, the Court, while issuing notice to the other side, directed the concerned Jail Superintendent to get the applicant-accused medically examined by a Medical Board and report compliance by 12th of November, 2020.

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