JnK HC grants bail in NDPS case for medical emergency
Srinagar: The Jammu and Kashmir and Ladakh High Court has granted bail to a petitioner, observing that it is essential for an elder male member of a family to be present when attending to an ailing daughter who requires surgery or hospitalisation.
The petitioner was arrested under sections 8/15 and 29 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The petitioner came to apply for a grant of bail on the contingency of the ailment of his school-going minor daughter for the purpose of getting her medically examined, which required ENT surgery.
The court of Principal Sessions Judge, Kulgam was granted a short-term bail when the petitioner came to be enlarged on bail for a period up-till 15th of April, 2025 from the date of passing of order dated 29.03.2025 with a condition for the petitioner to surrender before the Superintendent District Jail, Kuthua on 15.04.2025 before 4.00 P.M. On the basis of the short-term bail so granted, the petitioner was able to get her school-going minor daughter medically examined in Sher-e-Kashmir Institute of Medical Sciences, Soura, Srinagar, as an OPD patient.
The court also considered that it may be the petitioner’s counsel who had moved the petition for seeking short-term bail from the Court of Principal Sessions Judge, Kulgam, was not able to stitch facts properly, for which the petitioner should not have been made to suffer prejudice of having the denial of extension of bail. The bench granted extension of bail to the petitioner stating, “This Court cannot loose site of the fact that presence of an elder male member of a family for attending upon an ailing daughter requiring surgery/hospitalization is a call of the day keeping in view the nature of the Civil and Social of which all of us are part of.”
To view the official order, click on the link below:
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