1. The case has been taken up for hearing through video conferencing.

2. The petitioner has filed the present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 for grant of interim bail in case FIR No. 280 dated 05.09.2020 registered under Section 21(b) of the Narcotic Drugs and Psychotropic Substances Act, 1985 in Police Station Civil Line, Sirsa.

3. Learned Counsel for the petitioner has submitted that the wife of the petitioner fell ill and she got her self-examined from the doctor who advised surgery of uterus. There is no adult male member in family of the petitioner to look after his wife. Therefore, the petitioner may be granted interim regular bail during pendency of the petition for grant of regular bail for treatment of his wife.

4. On the other hand, learned State Counsel has, while admitting that the wife of the petitioner needs surgery of uterus for treatment of her ailment, submitted that brother of wife of the petitioner is living in the same city who can look after her during her medical treatment. The petitioner does not deserve grant of interim regular bail. Therefore, the application may be dismissed.

5. Admittedly, wife of the petitioner 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 the wife of the petitioner during her surgery. Even though brother of wife of the petitioner is living in the same city but this fact does not by itself relieve the petitioner of his liability to make necessary arrangements for surgery of his wife 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 wife of the petitioner, I am of the considered view that the application deserves to be allowed.

6. 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.