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2025 DAILYLAW 16579 (CHH)

SUNDAR SINGH v. STATE OF CHHATTISGARH

CRMP/1267/2025 · 2025-04-08

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Judgment text

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1 2025:CGHC:16455 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 1267 of 2025 Sundar Singh S/o Jaymal Singh Aged About 30 Years R/o Gurunanak Nagar, Shyam Nagar, P.S. Telibandha District Raipur, Chhattisgarh. ... Petitioner versus State of Chhattisgarh Through Station House OfÏcer, Police Station- Telibandha, District Raipur, Chhattisgarh. ---- Respondent For Petitioner : Mr. Wasim Miyan, Advocate. For Respondent/State : Mr. Bharat Gulbani, Panel Lawyer. Hon'ble Mr. Ramesh Sinha, Chief Justice Order on Board 08/04/2025 1. Proceedings of this matter have been taken through video conferencing. 2. Heard Mr. Wasim Miyan, learned counsel appearing for the petitioner. Also heard Mr. Bharat Gulbani, learned Panel Lawyer, appearing for the respondent /State. 3. The petitioner has filed this petition under Section 528 of the BNSS for extension of temporary bail period granted to the petitioner by this Court vide order dated 08.10.2024 passed in MCRC No. 6817/2024, and order dated 10.12.2024 passed in CRMP No. 3330/2024. 4. Brief facts necessary for disposal of this petition are that the RAJSHEKHAR SONI Digitally signed by RAJSHEKHAR SONI 2 petitioner was arrested in Crime No. 475 of 2024, Police Station Telibandha District – Raipur, for the offence punishable under Section 18(C) of the NDPS Act on 02.07.2024, and had filed an application under Section 483 of BNSS for releasing him on regular bail which was registered as MCRC No. 6817/2024 and the same was dismissed vide order dated 08.10.2024 and along with the main bail application he had filed an application for grant of temporary bail on medical ground and the same was allowed by this Court and temporary bail for a period of two months has been granted to the petitioner, thereafter, he was released on 11.10.2024. The copy of the order dated 08.10.2024 was placed before the trial Court on 10.10.2024, thereafter, the petitioner was released on 11.10.2024 and petitioner was directed to surrender before the concerned trial Court on 11.12.2024. Thereafter, he had filed a CRMP No. 3330/2024 for extension of temporary bail granted vide order dated 10.12.2024 and his temporary bail was extended for 4 months. The copy of the order dated 10.12.2024 was placed before the learned trial Court and the applicant was directed to surrender on 10.04.2025. Hence, this petition. 5. Learned counsel for the petitioner submits that the petitioner is suffering from Chronic Kidney Disease (CKD) since last few years and his kidney is not functioning properly and he was under treatment with Dr. R.K. Sahu (D.M. Nephrologists) and he also got Homeopathic treatment and Chronic Kidney Disease patient are given special diet with complete hygiene also it is very important for CKD patient to have blood test every fifteen days because the life of 3 CKD patient depends upon these tests. It is further submitted that the petitioners health is deteriorating day by day and few days ago the applicants’ health deteriorated and he was taken to DKS Hospital Raipur for checkup and treatment and looking to his bad condition he was taken to AIIMS Raipur for test and after test it was found that both the kidneys of the petitioner are shrinking rapidly and he needs immediate transplant and treatment and after releasing on bail he is under treatment in private hospital and his condition is not good and he was admitted in AIIMS from 20.03.2025 to 24.03.2025. And in the jail the said medical facility and the medicines are not available, and his parole is expiring on 10.04.2025. Hence, he has prayed that the parole be extended. So far as the status of the trial is concerned it is stated by him that none of the witnesses has been examined till date. 6. Learned counsel appearing for the respondent/State opposes the submissions made by the learned counsel for the petitioner. 7. I have heard learned counsel for the parties and perused the material available on record. 8. From the perusal of the records and submissions made by the learned counsel for the parties, it transpires that this Court ordered release of the petitioner on parole/short term bail for a period of 2 months vide order dated 08.10.2024 passed in MCRC No. 6817/2024, thereafter the same was extended for a period of 4 months vide order dated 10.12.2024 passed in CRMP No. 3330/2024, further, both the kidneys of the petitioner are shrinking rapidly and he needs immediate transplant and treatment, and after 4 releasing on bail he is under treatment in private hospital and his condition is not good and he was admitted in AIIMS from 20.03.2025 to 24.03.2025, and in the jail the said medical facilities and the medicines are not available and his parole is expiring on 10.04.2025, and so far as the status of the trial is concerned it is stated that the charge-sheet has been filed against the petitioner, but the trial is yet to be commenced. 9. In view of the same, his parole/short term bail is extended for further period of 3 months from 10.04.2025, and the petitioner is directed to surrender as soon as period granted for parole/short term bail expires. 10. The petitioner shall cooperate during the trial and during the period of his temporary bail/parole, he shall not indulge in tempering of evidence or involve in any criminal activities, failing which, the temporary bail granted to him shall automatically stand cancelled and the learned trial Court shall be at liberty to take him into custody and send him to jail. 11. Accordingly, this petition stands disposed of. 12. Let a copy of this order be sent to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice Rajshekhar