LE Correspondent

Chandigarh, July 12, 2021: The Punjab and Haryana High Court has granted interim bail for one month to an accused in a narcotics case, on the ground of his matrimonial obligation to look after his wife who suffers from serious ailments.

The case pertains to the bail plea of a man accused in a case filed on September 5, 2020 registered under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in, Sirsa, Haryana.

The petitioner’s counsel submitted that his wife fell ill and the doctor upon her medical examination advised uterus surgery. There is no adult male member in the family of the petitioner to look after his wife. Therefore, he sought interim regular bail during the pendency of the petition for grant of regular bail for the medical treatment of his wife.

Deciding the matter, the Bench of Justice Arun Kumar Tyagi held that the petitioner’s wife is to undergo surgery of the uterus for cure of her serious ailments. There is no other male member in the family of the petitioner to make necessary arrangements and look after his wife during her surgery. 

The Bench further said even though the wife’s brother lives in the same city, this fact does not by itself relieve the petitioner of his liability to make necessary arrangements for her surgery and also his matrimonial obligations to look after her during the period of her serious ailments.

Section 3(1)(aa) of the Punjab Good Conduct Prisoners (Temporary Release) Act, 1962 permits release of a person convicted and sentenced for possession of commercial quantity of narcotic drug/psychotropic substance on parole on the ground of serious illness of his wife. On analogical consideration and in view of the facts and circumstances of the case and also possibility of emergent medical requirements during treatment of the wife of the petitioner, I am of the considered view that the application deserves to be allowed,” said the High Court.

“Accordingly, the application is allowed and the petitioner is ordered to be released on interim regular bail for a period of one month from the date of his release on furnishing of bail bonds by him to the satisfaction of the trial Court/Chief Judicial Magistrate/Duty Magistrate concerned,” he held.

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