2022 (3) TMI 1426 - HC - Indian Laws

Seeking grant of bail - bail sought on the medical grounds - physically fit to face the trial procedures or not - Section 439 of the Code of Criminal Procedure - HELD THAT - On 23rd February, 2021, the Medical Board of NIMHNS observed that the accused is maintaining improvement and is fit to face the trial procedures. Considering the said report, the prayer of the accused for bail was earlier rejected by a coordinate bench of this Court on 13th April, 2021. The Special Leave Petition filed by the petitioner challenging the said order was rejected on 19th April, 2021. The accused was thereafter shifted to the Institute of Psychiatry and his health status was under constant monitoring. The Medical Board in its report dated 3rd December, 2021, observed that the petitioner is alert, conscious and cooperative. In the reports dated 20th December, 2021 and 25th January, 2022 it has inter alia been stated that the accused is maintaining well on medication and that no neurological and neurosurgical intervention is necessary. Prima facie, it is thus not acceptable that the health status of the accused had deteriorated. He had been kept under constant monitoring by doctors and whenever required, he had undergone treatment in one of the best institutes of Psychiatry in the State. The State had discharged its duty by providing specialised medical treatment to the accused in one of the best institutes in the State and has been bearing the necessary expenditure. As the ailment of the accused has not aggravated and as he has been kept under constant monitoring by the authorities, the bail, as prayed for, at this stage, cannot be granted - application dismissed.

Summary

Issues:
Application for bail under Section 439 of the Code of Criminal Procedure due to the accused's health condition, specifically Bipolar Affective Disorder.

Analysis:
1. The bail application was filed on behalf of the accused, who was facing charges under various sections of the Indian Penal Code and the Motor Vehicles Act. The accused had a history of mental health issues and had been receiving treatment at different institutes. The petitioner argued that continuous custody would worsen the accused's health condition, citing previous judgments where courts granted bail to individuals with similar health issues.

2. The petitioner contended that Section 439 of the Code allows for bail on medical grounds, emphasizing the severe nature of Bipolar Affective Disorder. The petitioner argued that the accused's mental illness would deteriorate in custody and requested bail to be granted so the accused could receive care from relatives.

3. The petitioner highlighted the legislative concern for the rights and care of individuals with mental illnesses, referring to the Mental Healthcare Act of 2017. The petitioner argued that the accused's right to live with dignity and be part of society was not fulfilled in jail, advocating for bail under stringent conditions.

4. The Public Prosecutor opposed the bail application, alleging that the accused's repeated applications were delaying the legal proceedings. It was argued that the accused had shown signs of recovery and that his health condition had not worsened. The Prosecutor criticized the accused's intentions, claiming they were trying to stall the legal process.

5. The Court considered the arguments presented by both sides, acknowledging the previous judgments cited by the petitioner. However, the Court emphasized that each case is decided based on its unique facts and circumstances. Medical reports indicated that the accused's health had not deteriorated, and he had received specialized treatment in reputable institutes. Consequently, the Court denied the bail application, stating that the accused's health condition had not worsened and he had been under constant medical supervision.

6. In conclusion, the Court dismissed the bail application, noting that the accused's health had not deteriorated, and he had received appropriate medical care. The decision was based on the expert medical opinions and the continuous monitoring of the accused's condition by authorities. The Court returned the case diary to the Public Prosecutor, indicating the dismissal of the application.

This detailed analysis covers the key points and arguments presented in the judgment regarding the bail application due to the accused's health condition.