Regular Bail Format 439 CrPC Medical Grounds U/S 420 IPC

IN THE COURT OF HON’BLE SESSION JUDGE

State of Punjab
Versus
Gulzaar Singh aged 38 years, son of Sarabjit Singh, resident of House no 42, Urban Estate, Nabha

Case FIR No.88 dated 15.03.2015
U/s 420 IPC
P.S. Nabha, District Patiala



Date of Surrender/Arrest : 11/10/2013
Application for Bail U/S 439 CrPC

Sir,
The applicant-accused respectfully submits as under: -
1. That the above titled criminal case is pending in Hon’ble ACJM Court and is fixed for 23.11.2013.

2. That in the above case, the applicant-accused is in judicial custody.

3. That prima facie no case is made out against the applicant/accused and the applicant/accused has been falsely involved in the present case at the instance of the complainant due to the ulterior motive and ill will towards the applicant/accused.

4. That the applicant/accused is respectable person of the society and respects the law from the core of his heart and never done any act against the society.

5. That the applicant/accused has not committed any offence nor any documents are allegedly forged by the applicant, so no offence under section mentioned above are made out against the applicant/accused.

6. That the applicant-accused was regularly appearing before this Hon’ble Court after the registration of the aforesaid FIR till 19/11/2012, as he suddenly became patient of depression and epilepsy and was under the consultant treatment of Civil Hospital, Patiala. Copy of the medical treatment is attached herewith.

7. That on 19/11/2012 applicant/accused could not inform his wife of his counsel about date and as such he was marked absent. When his wife came to know about present case, she moved an application along with all medical record,

8. That the applicant/accused is in judicial custody since the 06/09/2015 of his arrest/surrender before JMIC Patiala. And he was brought to the Hon’ble trial court on 11/10/2013 in the present case after an application was moved by defense counsel for issuance of production warrants on 10/09/2013.

7. That the applicant/accused has been continuously suffering from depression and epilepsy and he was under treatment in the jail as well. Copy of the medical record in Patiala Jail is attached herewith.
But due to the non-availability of the sufficient medical facilities for the depression and epilepsy patients in Jail, the applicant/accused suffered another major stroke in the jail, due to which he completely lost vision of his right eye.

8. That the challan has been already presented and the conclusion of the trial will take sufficient long time and the investigation is already completed and as such the applicant/accused is no more required by the investigation agency.

9. That the case is based on documentary evidence and they are already in the possession of the investigation agency and no criminal offence at all is made out against applicant/accusedand the matter is purely of civil nature, but the complainant by using his political influence got registered aforesaid false case.

10. That the applicant/accused undertakes not to tamper with the prosecution evidence or threaten the prosecution witness.

11. That the applicant/accused undertakes to appear before the trial court on each and every date of hearing in future and further undertakes to to abide any instructions imposed upon him by this Hon’ble Court.

12. That the applicant /accused is permanent resident of the aforesaid address within the jurisdiction of this Hon’ble Court, therefore there is no chance of his absconding or jumping over the bail.
It is, therefore, respectfully prayed that the applicant/accused may please be granted bail till the final decision of the case in the interest of justice, so that he can undergo treatment in some private hospital where all the required facilities for the patients of epilepsy and depression are available, which were unavailable in jail, because of which he lost vision of his right eye.

Dated: 12/11/2015

Advocate