J&K High Court Extends Bail Of NDPS Accused To Allow Him To Attend Surgery Of His Minor Daughter

The Jammu and Kashmir High Court, acknowledging that the presence of an elder male guardian during a minor child's surgery is essential, granted a short-term release order to the petitioner who had been accused under the NDPS Act

A bench of Justice Rahul Bharti observed that 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.

The court said that the petitioner is the only guardian who is supposed to attend to her ailment, the Principal Sessions Judge should have continued judicial trust in the petitioner by extending the bail term, considering the fact that the surgery of his daughter was deferred on account of fever reported by the Doctors.

The court said that the Sessions Court ought not to have questioned the bona fides of the petitioner as the earlier prescriptions were made while the petitioner was in custody and handled by his wife.

The court further added that perhaps the counsel appearing for the petitioner earlier was not able to stitch facts together before the court, for which the petitioner should not be made to suffer the prejudice of having the denial for the extension of the bail.

The court directed the Principal Sessions Judge to enlarge the petitioner on a short-term bail for the period of 20 days to allow him to attend the surgery of her daughter on humanitarian grounds.

BACKGROUND:

The petitioner was booked under FIR No. 255/2021 at Police Station Qazigund for offences under Sections 8/15 and 29 of the NDPS Act.

During his judicial custody, the petitioner sought short-term bail for the medical examination and surgery of his minor daughter suffering from Submucosal Nasal Twang.

A Short-term bail was initially granted till 15 April 2025 by the Principal Sessions Judge, Kulgam.

The surgery was scheduled for 23 April 2025, so the petitioner sought an extension of bail, which was rejected, leading to his return to jail. The petitioner then approached the High Court seeking further bail to attend to his daughter's surgery.

APPEARANCE

Usman Gani, Advocate For Petitioner

Case-Title: Asif Amin Thokar vs UT of J&K

Citation: 2025 LiveLaw (JKL) 170

Click Here To Read/Download Order