CRM NO.M-3079 of 2011.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CRM No.M-3079 of 2011 (O&M) Date of Decision: 12.05.2011 **** Jagir . . . . Petitioner VS. State of Punjab . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Vipin Mahajan, Advocate for the petitioner Mr. TS Salana, DAG Punjab **** SURYA KANT J. (ORAL) (1). The prayer in this petition is for grant of regular bail to the petitioner in case FIR No.68 dated 31.08.2009 under Section 302 IPC registered at PS Dorangla, District Gurdaspur. (2). The above-stated FIR has been registered on the statement of Ganesh Dutt s/o Sukhdev r/o Raj Bagh, District Kathua, J&K alleging that on 30.08.2009, Somraj @ Soma - father of the petitioner approached the complainant and his brother that his son Jagir (present petitioner) was under the influence of some evil soul and keeps on dancing and is required to be treated by some CRM NO.M-3079 of 2011.doc - 2 – Saint. It is further alleged that one Charan Dass s/o Bheem Ram, a Tantrik was contacted who started performing some rituals at about 6.00 p.m. and while chanting mantras the petitioner partially recovered. The FIR further alleges that inside the room where rituals were going on, the Tantrik decided to sleep near the doors of the room where the rituals were going on and in the midnight at about 1.00 a.m., the petitioner suddenly attacked the Tantrik with a datar on the right side of his neck. Thereafter the petitioner allegedly attempted to attack Raj Kumar and then slipped away from the room where he was kept along with the Tantrik. (3). The petitioner was arrested on 31.08.2009 and is in custody since then. Challan has already been presented but no prosecution evidence has commenced. (4). The prosecution has not been able to lead its evidence for the reason that due to serious spinal injury suffered by the petitioner, he is completely bed ridden in the Civil Hospital, Gurdaspur from the last about 10 months. (5). The present bail petition has also been moved primarily on health grounds as the petitioner cannot even move from the bed. (6). On 29.03.2009, the State counsel was directed to inquire about the physical health of the petitioner in the light of CRM NO.M-3079 of 2011.doc - 3 – the certificate dated 25.10.2010 (Annexure P2) relied upon by him. (7). Learned State counsel has placed on record the original certificate dated 04.04.2011 said to have been issued by the Medical Board of the Civil Hospital, Gurdaspur, the contents of which reads as follows:- The patient Jagir Kumar 24 yrs. male s/o Som Raj is a old case of spinal injury and operated at Guru Nanak Hospital Medical College, Amritsar. At present he is having para plegia due to which he cannot move from his bed and is bed ridden and at present admitted in trial ward of Civil Hospital Gurdaspur vide R.No.2466 dt. 24.3.11. He is 100% permanent handicapped. He has no apparent psychiatric illness.” (8). Learned State counsel, on instructions from the police officials, does not oppose the prayer of the petitioner, who is 100% permanent disabled, for the release on bail. (9). For the reasons afore-stated, the petition is allowed and the petitioner is directed to be released on bail on his furnishing bail bonds to the satisfaction of the CJM, Gurdaspur. The trial Court shall make an endeavour to proceed with the trial proceedings if possible by securing the petitioner’s presence through Video Conferencing. (10). Disposed of accordingly. Dasti. CRM NO.M-3079 of 2011.doc - 4 – 12.05.2011 vishal shonkar (S u r y a K a n t) Judge