Parvaiz Ahmad Hanga Vs Union Territory of J&K And Anr (Jammu and Kashmir High Court)
Jammu and Kashmir High Court granted bail to the petitioner caught in alleged illicit drug on the ground of medical condition of the petitioner. Accordingly, the writ allowed and bail granted.
Facts- The petitioner-Parvaiz Ahmad Hanga, acting through his wife Tabasum Parviaz, has come forward, as an undertrial in custody, invoking jurisdiction of this Court under section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for seeking bail in a criminal case initiated by reference to FIR No. 23/2024 registered by the Police Station, Lar District Ganderbal, undergoing trial before the Court of learned Principal Sessions Judge, Ganderbal.
Conclusion- Held that keeping in view the factual aspect of the present case relatable to the medical condition of the petitioner and the legal position relatable to grant of bail on medical grounds, this Court comes to a confirmed situation that the kidney functioning of the petitioner is compromised and that requires not only recurring medical monitoring but also attention, specialized medical treatment and care which in the state of petitioner, being in custody as an under trial, may not be possible to be administered to the petitioner and, as such, may risk the health and life of the petitioner at any given point of time and, therefore, a case is made out for indulgence of this Court in granting bail to the petitioner.
