Jammu & Kashmir High Court
Duni Chand vs Union Territory Of Ladakh on 4 May, 2026
Author: Sindhu Sharma
Bench: Sindhu Sharma
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Crl A(D) No. 58/2025
CrlM Nos.758/2026,
2251/2025, 2253/2025
& 360/2026
Date of Order:-04.05.2026
Uploaded on:- 06.05.2026
Duni Chand ...Appellant(s)
Through:- Mr. Navneet Dubey, Advocate with
Mr. Mirza Ismail Baba, Advocate.
V/s
Union Territory of Ladakh .....Respondent(s)
Through:- Mr. Vishal Sharma, DSGI with
Mr. Eishaan Dadhichi, CGSC.
CORAM: HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE
HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE
ORDER
04.05.2026
CrlM No.2251/2025
1. By virtue of this application, the applicant/appellant is seeking
condonation of 81 days delay in filing the appeal against the order and judgment
of conviction suffered by him. However, despite ample opportunities were
granted to the respondent, till date objections are not filed.
2. Be that as it may, since there is delay of only 81 days in filing the
appeal, and we are also inclined to hear the appeal on merits, being also
conscious of the fact, that applicant/appellant is lodged in the Jail, therefore,
having regard to the grounds taken in the application, and also no serious
objection raised by the respondent, we are satisfied that sufficient cause has been
shown to condone the delay. Accordingly, delay of 81 days in filing the appeal
is condoned.
3. Application stands disposed of.
Crl A(D) No.58/2025 Page 1 of 6
Crl A(D) No. 58/2025
1. Admit.
2. Mr. Vishal Sharma, learned DSGI waives post admission notice.
3. Registry to prepare the paperbook and supply the same to learned
counsel for the parties.
4. List on 14.07.2026.
CrlM No.2253/2025
1. Mr. Vishal Sharma, learned DSGI seeks and is granted six weeks’
time to file objections.
2. List along with Crl A(D) No.58/2025.
CrlM No.758/2026
1. Instant application has been moved by the applicant, seeking
permission to place on record, report of Superintendent Prison, District Jail, Leh.
2. For the reasons assigned in the application, coupled with submissions
made at the Bar, same is allowed and the report of Superintendent District Jail,
Leh annexed with this application, is taken on record.
3. Application stands disposed of.
CrlM No.360/2026
1. Although the appellant has filed instant application under section 430
of Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), but Mr. Navneet Dubey,
learned counsel for the appellant fairly conceded that already along with the
appeal, applicant/appellant has moved an application under Section 430 of
BNSS seeking suspension of sentence and grant of bail, therefore, prays that
instant application may be treated as application for short bail, purely in view of
Crl A(D) No.58/2025 Page 2 of 6
his deteriorating health condition and immediate necessity to undergo surgery
for Grade-IV Haemorrhoids, as has been advised by the doctor.
2. The applicant seeks short bail, to undergo surgery, and in this regard
a reference has been made to the communication dated 15.04.2026 addressed to
the Medical Superintendent, SNM Hospital, Leh-Ladakh by Superintendent
District Jail, Leh, by virtue of which, request was made to inform about the
appellant/convict-Duni Chand, who is suffering from Grade-IV Haemorrhoids
and the medical authorities have advised for prompt surgery without delay.
3. Learned counsel for the appellant has also drawn our attention to the
response of Dr. Chozung Lamo, Consultant Surgeon, SNM Hospital Leh, dated
17.04.2026, wherein, concerned Doctor has opined thus:
“In view of patient being suffering from Grade-IV
Haemorrhoids, he needs Surgical treatment and may not
respond to conservative management, for that he will
require, admission in a Hospital for 2-3 days. He will
require an attendant to take care of him and give consent
for anaesthesia/surgery during the hospital stay.
Postoperatively healing duration will be from 15-30 days
and can vary from patient to patient depending upon
individual immunity/hygiene status/presence or absence of
infection.”
4. At the same time, Mr. Vishal Sharma, learned DSGI submits that
keeping in view the deteriorating health condition of the appellant due to serious
ailment, he is under the instructions to convey no objection for grant of short
bail to the applicant for undergoing the surgery as advised by the Doctor. The
statement made by Mr. Sharma, learned DSGI, is taken on record.
5. Heard learned counsel for the parties and perused the record.
Crl A(D) No.58/2025 Page 3 of 6
6. The appellant has suffered conviction and sentence to undergo
rigorous imprisonment of 12 years and a fine of Rs.one lakh for commission of
offence under section 20(c) of the NDPS Act and the appeal is at threshold,
therefore, hearing of the main appeal may take some time.
7. The applicant has annexed medical documents including the
communication of Superintendent, District Jail, Leh and communication of Dr.
Chozung Lamo, Consultant Surgeon, SNM Hospital, Leh. We have perused the
medical record and are satisfied that the applicant is genuinely suffering from
serious aliment that requires admission in a Hospital and surgery at the earliest
and further delay can further deteriorate the health status of the appellant.
8. In this regard, the report of the Dr. Chozung Lamo, Consultant
Surgeon, SNM Hospital, Leh dated 17.04.2026 assumes importance, wherein,
the Doctor has observed that the patient being suffering from Grade-IV
Haemorrhoids, he requires surgical treatment and admission in a Hospital for
2-3 days and postoperatively healing duration will be from 15-30 days and same
may also vary.
9. Since, the health Status Reports of the Applicant-Appellant available
on record unerringly point towards the deteriorating health condition of the
Applicant-Appellant, coupled with the limited infrastructural health care
system/ facility in prison, therefore, we are of the considered view that the
present health condition of the Applicant-Appellant is not suitable for his further
incarceration in jail which may potentially endanger his life.
10. It is also noteworthy that Mr. Vishal Sharma, learned DSGI, has not
opposed the prayer made by learned counsel for the applicant and very fairly
Crl A(D) No.58/2025 Page 4 of 6
submitted that he is under instructions to convey that short term bail may be
granted to the applicant enabling him to undergo the necessary surgery.
11. Given the peculiarity of the case and the health Status available on
record, we hasten to add that right of health is a fundamental aspect of right to
life under Article 21 of the Constitution of India and, thus, the constitutional
Courts, being guardians of fundamental rights, are required to consider the
health condition of the individuals when deciding liberty matters and, in this
regard, State is equally enjoined to providing necessary medical care to prisoners
and failure to do so can lead to violation of constitutional rights.
12. We are not oblivion of the fact that the applicant has been convicted
and sentenced for a heinous crime and rigors of Section 37 of the NDPS Act are
also applicable. However, given the medical emergency of the applicant, without
going into the merits of the case, gravity of the offences and severity of the
punishment, the plea for grant of interim bail on medical grounds is being
considered in view of the ailment which the applicant is suffering from.
13. In the wake of this constitutional guarantee, when we consider the
submissions made by the learned Counsels for the parties conjointly with the
infrastructural constraints pleaded by the Jail authorities, we have no doubt in
our mind that the mandate envisaged under Article 21 of the Constitution needs
to be upheld at any cost as there is sufficient material on record compelling us
to exercise discretion in favour of the applicant/appellant, who is in dire need of
advanced treatment in the hospital as same is not available in jail. Since, we are
not considering this application on merits and are only considering it on purely
medical and humanitarian grounds, therefore, pending the plea of the applicant-
appellant for suspension of sentence and grant of bail, the applicant-appellant is
Crl A(D) No.58/2025 Page 5 of 6
admitted to short term interim bail on medical ground for a period of two
months, i.e., upto 06.07.2026, subject to following conditions:
i. The applicant/appellant shall furnish surety and personal bonds
to the tune of Rs.1.00 lac each;
ii. The requisite surety bond to be furnished to the satisfaction of
the learned Registrar Judicial of this Court and attested by her,
whereafter, a formal release order shall be issued directing the
release of the applicant/appellant from the custody in this
matter, subject to his furnishing of personal bond to the
satisfaction of the Superintendent Jail concerned;
iii. The applicant/appellant shall not repeat the commission of
crime; and
iv. Upon expiry of aforesaid two months from the date of release
of the applicant-appellant from Jail viz. 06.07.2026, the
applicant-appellant shall surrender before the Jail
Superintendent concerned.
14. Let this application come up for consideration on 14.07.2026 along
with main appeal, by which time, the respondent shall submit their objections.
(Shahzad Azeem) (Sindhu Sharma)
Judge Judge
JAMMU
04.05.2026
Surinder
Surinder Kumar
2026.05.06 10:52
I attest to the accuracy and
integrity of this document
Crl A(D) No.58/2025 Page 6 of 6
