J&K High Court Directs the Bail Applicant to Surrender Before Superintendent of Jail

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On 25.08.2020, Justice Rajnesh Oswal heard the case of Devi Singh vs. Union Territory of J&K, via video-conferencing, and dismissed the bail application of the applicant.

Facts of the case

The applicant, who is a 72-year-old, is facing trial for committing offences under Sections 302, 109, 147, 341 and 342 of Ranbir Penal Code (RPC). Further, for offences under Section 4 and 25 of Arms Act. The trial court granted him interim bail on health grounds on 03.04.2020. The reason for granting him bail was that he was suffering from multiple ailments like high blood pressure, diabetes, asthma, allergy, and the acute problem of both knees. Thereafter, the interim bail granted to the applicant was further extended for a period of 30 days, i.e. up to 05.06.2020. 

On 04.06.2020, the applicant moved another application seeking further extension of bail for 30 days. He stated that his wife is unable to supply medicines to him at the jail due to COVID-19 pandemic. Further, a pregnant lady who is in close vicinity of the applicant has tested COVID-19 positive. Thus, it was not possible for him to surrender before jail authorities on 06.06.2020. The trial court dismissed the application seeking further extension of bail. Therefore, the applicant filed an instant bail application on medical grounds in this Court.

Arguments of the Applicant

The learned counsel for the applicant argued that an applicant is a 72-year-old man. He has been suffering from various health ailments. It is not possible for his wife to provide medicines at the jail due to COVID-19 pandemic. Therefore, he seeks bail on health grounds. 

Arguments of the Respondent

The learned counsel for the respondent argued that the complainant approached the Police Station with a complaint stating that the applicant is threatening him of dire consequences. He further states that the jail authorities shall provide requisite medical treatment to the applicant in jail. The applicant committed a heinous offence. Therefore, he cannot be enlarged on bail. 

Court’s Analysis

The situation where a lady in the close vicinity of the applicant tested positive for COVID-19 does not exist now. Thus, the applicant’s argument about his inability to surrender before the jail authorities are invalid. The applicant’s wife need not supply medicines as that can be taken care of by the jail authorities. The applicant is facing trial in the commission of the heinous crime of murder. Therefore, he cannot claim bail as a matter of right. 

Court’s Decision

The Court dismissed the bail application. It further directed the applicant to surrender before the Superintendent of Jail. The Superintendent of Jail shall provide all the medical facilities to the applicant.


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