The Punjab High Court, in Imtiyaz Ahmed v/s State of Punjab (CRM-M-18024-2023), delivered on 18th April, 2023, held that mere pregnancy is not a reason enough to grant interim bail. The judgement was presided by Honourable Mr. Justice Jasjit Singh Bedi.
FACTS OF THE CASE:
The petitioner, Imitiyaz Ahmed, was held under Section 22 of the Narcotics Drugs and Psychotropic Substances Act, 1985. The police party on patrolling duty received information on the petitioner, after loading fruits and other things from Kashmir, would bring in huge quantities of via,s and injections from Delhi and selling those at a profit in Kashmir. Based on the information, the petitioner and his aide were arrested and 20 bottles of 100 ml each of intoxicating liquid was recovered.
The petitioner contested that his wife was in advanced stages of pregnancy and him being the sole breadwinner,his wife was completely dependent on him. His parents or sibling were unavailable to look after his wife, as they had their respective responsibilities. Documents regarding the pregnancy was also submitted to the court.
JUDGEMENT:
The Court held that the petitioner was the main accused and contraband has been found and recovered from him and a co-accused. Mere pregnancy of his wife did not entitle him to the grant of bail keeping in view the nature of allegations. The court also held that it was likely that the petitioner would abscond as he was a resident of another state. It was also held that grounds of pregnancy was not a condition which required medical attention amounting to hospitalisation for a long period of time.
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JUDGEMENT REVIEWED BY ARYA THAKUR.
