9911796707
TMI Blog2020 (10) TMI 1281X X X X Extracts X X X X X X X X Extracts X X X X ..... o satisfaction recorded by the High Court that treatment offered to Respondent was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the Respondent on interim bail on medical grounds. Humane treatment to all including an Accused is requirement of law. Furthermore, a prisoner, who is suffering from an ailment, has to be given due treatment and care while in prison. Even as on date, due medical care is being taken of the Respondent, which is apparent from the additional documents filed as Annexure A-2 and Annexure A-3 alongwith the application dated 10.10.2020. The High Court, without considering the entire materials on record, has passed the impugned order dated 03.09.2020, which is unsustainable - Appeal allowed. - Criminal Appeal No. 686 of 2020 (Arising out of SLP (Crl.) No. 4337/2020) - - - Dated:- 15-10-2020 - Ashok Bhushan, R. Subhash Reddy and M.R. Shah, JJ. ORDER Ashok Bhushan, J. 1. Leave granted. 2. This appeal has been filed questioning the order dated 03.09.2020 passed by Allahabad High Court, Lucknow Bench, Lucknow, by which the Respondent has been granted interim bail o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciences, Lucknow (hereinafter referred to as S.G.P.G.I.M.S. ) for specialised treatment, S.G.P.G.I.M.S. being multi super-speciality (a tertiary medical care super-speciality hospital). The medical board evaluated the Respondent and submitted the report on 10.06.2020. An affidavit was also filed before the High Court regarding the medical reports prepared by S.G.P.G.I.M.S. and K.G.M.U. On 29.06.2020, the Respondent was again shifted back to K.G.M.U. The High Court by impugned order dated 03.09.2020 allowed the interim bail application of the applicant on medical grounds. 3.7 The State of U.P. aggrieved by the order dated 03.09.2020 has come up in this appeal. 4. We have heard Shri S.V. Raju, learned Additional Solicitor General for the Appellant. Dr. Rajeev Dhawan, learned Senior Counsel has appeared for the Respondent. 5. Learned ASG for the Appellant submits that the Respondent was given due treatment in the K.G.M.U. as well as in the super-speciality hospital (S.G.P.G.I.M.S.). Relevant reports including the report of medical board was placed before the High Court reflecting on the medical condition of the applicant and the treatment being given. The High Court while pa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the report of K.G.M.U., Clinical Summary dated 04.06.2020 wherein it has been mentioned that patient has been referred to S.G.P.G.I.M.S. for further management. Clinical Summary of K.G.M.U. filed at Pages 71-72 of the counter affidavit has been referred to. Annexure A3 of the Additional Documents filed by the Respondent has been referred to in which K.G.M.U. has observed that since NCV testing is not available in K.G.M.U., the patient is being referred to Neurology Department of S.G.P.G.I.M.S., for the same. Dr. Dhawan submits that at present, the Respondent is in K.G.M.U. Dr. Dhawan further submits that the Respondent be permitted to continue at K.G.M.U. and should not be transferred to jail. 7. We have considered the submissions of the learned Counsel for the parties and have perused the records. 8. In the present appeal, our consideration is confined only to the interim bail, which has been granted to the Respondent by order dated 03.09.2020. The Bail Application No. 5743 of 2019 being still pending in the High Court, our considerations and observations are only with respect to order granting interim bail and shall have no bearing on the merits of the bail application, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the order runs in 23 pages but it is the paragraph 27 of the judgment, which gives the reasoning for grant of interim bail. Paragraph 27 is as follows: 27. Having considered the facts and circumstances of the present case and the applicant's medical condition, which is confirmed by the medical status report, it shows that the applicant is suffering from disease i.e. UTI with Diabetes mellitus with HTN with Bamboo spine with seronegative Spondylorthropathy; proper treatment is not available in K.G.M.U. Hospital, Lucknow and doctors have advised proper treatment from multiple super specialties, at a tertiary care super specialty hospital; further threat to the applicant's health in the prevailing times of Covid-19 pandemic is real and imminent; and in view of the assurances extended on behalf of the applicant that he shall not apprehend or influence the prosecutix and her family members, this Court is persuaded to grant the applicant, Gayatri Prasad Prajapati, interim bail for a period of two months from the date of his release, subject to the following conditions: XXXXXXXXXXXX (ii) The applicant shall not leave the country without prior permission of the trial court ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... family, thus, the contemplation was that Respondent shall reside at his residence. There was no satisfaction recorded by the High Court that treatment offered to Respondent was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the Respondent on interim bail on medical grounds. 16. Dr. Dhawan submits that every person, who is Accused of an offence, even if the offence is a serious offence, requires a humane treatment by the prison authorities. There can be no two views with regard to above. Humane treatment to all including an Accused is requirement of law. Furthermore, a prisoner, who is suffering from an ailment, has to be given due treatment and care while in prison. 17. Learned Counsel for both the parties have referred to Clinical Summary dated 09.09.2020 as well as the letter dated 05.10.2020 of K.G.M.U. referring the Respondent to S.G.P.G.I.M.S. for NCV testing. 18. Even as on date, due medical care is being taken of the Respondent, which is apparent from the additional documents filed as Annexure A-2 and Annexure A-3 alongwith the application dated 10.10.2020. The High Court, without consideri ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
