Bail App. No. 43/2025 Page 1 of 7 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App. No. 43/2025 CrlM No. 723/2025 Mohd. Hanief Bijran …..Petitioner Through: Ms. Z.S. Watali, Advocate Vs Union of India through NCB .….Respondents Through: Mr. Vishal Sharma, DSGI with Mr. Eishaan Dadhichi, GA CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER (15.10.2025) 1. The petitioner has filed the instant application seeking bail on medical grounds in a case arising out of NCB Crime No. 15/2022 dated 29.06.2022 for offences under Section 8/20/29 NDPS Act of Police Station, NCB Jammu, which is stated to be pending before the court of learned Principal Sessions Judge, Samba (trial court). 2. It seems that the petitioner had approached the learned trial court for grant of bail on medical grounds but in terms of order dated 21.09.2024 passed by the said court his prayer has been declined on the ground that petitioner has failed to carve out a prima-facie case for Serial No. 06 Bail App. No. 43/2025 grant of interim bail on medical grounds. It has been observed by the trial court that on the date fixed for surgery of the petitioner, the jail authorities would ensure that he is taken to hospital under proper custody for admission and the hospital authorities have been directed to ensure that the petitioner is operated. Learned trial court has also observed that in the hospital all the facilities like supervision of Doctors and post-operative care is available, therefore, there is no need to grant interim bail to the petitioners. 3. In the application, the petitioner has submitted that he is not keeping good health for quite some time and the jail authorities are not taking any interest in providing him proper medical treatment. It has been submitted that the petitioner is suffering from severe abdominal pain. It has been further submitted that when the petitioner was taken to the hospital it was revealed that he has stone in his gall bladder which requires surgery after the infection subsides. It has been also submitted that the petitioner needs proper diet and medical attention which can be provided only by his family so that the infection recedes and he can be operated upon. Bail App. No. 43/2025 4. Vide order dated 06.10.2025 passed by this Court a direction was issued to Incharge District Jail, Amphalla, Jammu to get the petitioner medically examined by the Jail Doctor or any other Government Doctor and to furnish a report with regard to his latest health condition, specifically indicating therein as to whether the ailment of the petitioner can be managed while being lodged in jail. 5. Pursuant to the aforesaid direction, the Superintendent of concerned jail has furnished his report. As per the report, the petitioner has been advised surgery and the date of surgery has been fixed as 18.12.2025. 6. The respondents have contested the application on the grounds that trial of the case is at crucial stage and if the petitioner is released on bail there is every possibility of evidence being tampered. It has been further contended that there is embargo contained in Section 37 of the NDPS Act for granting bail to the petitioner because he is facing trial for offences relating to possession of commercial quantity of contraband substance. 7. I have heard the learned counsel for the parties and perused record of the case. Bail App. No. 43/2025 8. Before proceeding further in the matter, it would be apt to reproduce contents of the health status report pertaining to the petitioner that has been furnished by Senior Medical Officer, District Jail, Jammu. It reads as under :- “With due respect, it is humbly stated that above mentioned inmate is known case of RTI with head injury CH/o RTA in year 2021 (as per record) and Gall Bladder stone (cholelithiasis). He has been examined in surgery OPD at GMCH Jammu and after examination and reviewing of ultrasound report he has been diagnosed with cholelithiasis and advised for surgery which is due on 18.12.2025.” 9. From the aforesaid report, it is clear that petitioner is suffering from head injury which he has received somewhere in the year 2021 and besides this, he has developed a gall bladder stone (cholelithiasis) which requires surgery. The date of surgery has been fixed as 18.12.2025. 10. In the face of aforesaid medical report, it is clear that petitioner is suffering from various ailments and he requires surgery. The learned Principal Sessions Judge, Samba while rejecting the bail application of the Bail App. No. 43/2025 petitioner has observed that the ailment of the petitioner can be managed by admitting him to hospital where he can be provided medical treatment as well as post- operative care. 11. I am afraid the observation made by the learned trial court does not seem to be reasonable. A patient prior to surgery and post-surgery needs constant care and attention of not only the Doctors but he/she also needs the care of attendants. Besides this, a patient who has to undergo surgery to a vital organ like gall bladder has to be kept on special diet which can be provided only in a family atmosphere and not inside the hospital or inside the jail. Having regard to the fact that the petitioner has developed infection, it is all the more necessary that before preparing him for surgery, he is kept in sanitized surroundings, which is not possible in a jail. Thus, it is imperative that the petitioner is permitted to be at his home for some time prior to date of surgery so as to avoid danger to his life. 12. There is no quarrel with the proposition that in cases involving commercial quantity of contraband, accused cannot be admitted on bail unless conditions mentioned Bail App. No. 43/2025 in Section 37 of the NDPS Act are fulfilled. However, this Court in the case of “Sajad Ahmad Bhat Vs. UT of J&K, 2022 SCC Online J&K 453” has after noticing the provisions of Section 37 of the NDPS Act, held that the said provisions come into play when bail of a person accused of an offence involving commercial quantity of contraband is being considered on merits and the limitations contained therein would not come into play when bail is to be granted on humanitarian grounds like medical emergencies. It has been further held that in such cases the powers of the High Court under Section 439 Cr.P.C are not curtailed and, as such, the provisions contained in Section 37 of the NDPS Act do not act as a blanket ban on the power of the High Court under Section 439 Cr.P.C. 13. In view of the aforesaid position of law and keeping in view the deteriorating health condition of the petitioner as has been noted in the medical report submitted by the jail authorities, a case for grant of temporary bail on medical grounds in favour of the petitioner is made out. Bail App. No. 43/2025 14. Accordingly, the petitioner is admitted to bail on medical grounds for a period of two months w.e.f 15.11.2025 subject to the following conditions :- I. That he shall furnish personal bond in the amount of Rs.1,00,000/(rupees one lac) with two sureties of the like amount to the satisfaction of the trial court; II. That he shall appear before the trial court on each date of hearing; III. That he shall not leave the territorial limits of Union Territory of J&K without prior permission of the trial court; IV. That he shall not intimidate or tamper with prosecution witnesses/evidence. V. That he shall use the concession of bail for the purpose of his treatment and shall surrender before the trial court upon expiry of the period of bail. 15. The bail application shall stand disposed of. 16. A copy of this order be sent o the learned trial court. (SANJAY DHAR) JUDGE JAMMU 15.10.2025 SUNIL Whether the order is speaking ? : Yes Whether the order is reportable ? : No