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CRM-M-40029-2025 -1- 110 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRM-M-40029-2025 (O&M) Date of decision: 28.07.2025 Mod Najim @ Najim ... Petitioner Vs. State of Haryana ... Respondent
CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present: Mr. Vishal Yadav, Advocate for the petitioner. Mr. Gagandeep Singh Chhina, Sr. DAG, Haryana. ******* HARPREET SINGH BRAR, J. (ORAL)
1. Present petition has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) read with Section 528 of BNSS for grant of interim regular bail to the petitioner on medical ground for a period of 30 days, in FIR No.392 dated 26.11.2024 under Sections 21(c) & 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’) and Section 29 of NDPS Act (added later on), registered at Police Station Sector 65, District Gurugram.
2.
Learned counsel for the petitioner, inter alia, contends that the VISHNU 2025.07.28 18:06 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh
CRM-M-40029-2025 -2- petitioner has been falsely implicated in the FIR (supra) and he is in judicial custody since 27.11.2024. The petitioner is suffering from fever since first week of June, 2025, as such, he approached learned trial Court seeking interim bail by filing an application, however, the same was dismissed vide
order dated 02.07.2025 (Annexure P-3). Learned counsel for the petitioner refers to the medical report (Annexure P-2) and submits that hemoglobin of the petitioner is 3.9 grams and he is also having fever. The petitioner was referred to Civil Hospital, Gurugram, from where he was further referred to Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences, Rohtak for further management. Thus, keeping in view poor health condition of the petitioner, he is entitled for grant of interim bail for a period of four weeks.
3. Learned State counsel opposes the prayer made by the petitioner on the ground that on 23.06.2025, the petitioner visited jail hospital with the complaint of weakness and he was referred to Civil Hospital, Gurugram, where he remained admitted from 24.06.2025 to 28.06.2025 and on the same day i.e. 28.06.2025, the specialist doctor at Civil Hospital, Gurugram further referred the petitioner to Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences, Rohtak on 28.06.2025, where his health condition was evaluated by the medical specialist and after carrying out the investigation, medicines were prescribed and he was sent back on the same day. At present, the petitioner is admitted in jail hospital and he is getting VISHNU 2025.07.28 18:06 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh
CRM-M-40029-2025 -3- proper treatment.
4. Having heard learned counsel for the parties and after perusing the record of the case file with their able assistance, it transpires that the petitioner is suffering from anemia and blood transfusion has already been done. Currently, health condition of the petitioner is being managed in the jail hospital.
5. In view of the facts and circumstances of the case, at this stage, no further directions are required to be issued. As such, the present petition is
disposed of.
6. However, the jail authorities are directed to provide the medicines prescribed by the specialist doctor at Pandit Bhagwat Dayal Sharma Post Graduate Institute of Medical Sciences, Rohtak. In case, the petitioner requires further management, the same be done, in accordance with law.
[ HARPREET SINGH BRAR ] 28.07.2025 JUDGE vishnu Whether speaking/reasoned : Yes/No Whether reportable : Yes/No VISHNU 2025.07.28 18:06 I attest to the accuracy and integrity of this document Punjab and Haryana High Court, Chandigarh