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TMI Blog2022 (3) TMI 1426X X X X Extracts X X X X X X X X Extracts X X X X ..... Shakespeare Sarani Police Station Case No. 159 of 2019 dated 17.08.2019 under Sections 279/304/308/427/201/212 of the Indian Penal Code read with Section 3 of the PDPP Act and Sections 119/177 of the Motor Vehicles Act. 2. Shorn of unnecessary details, the facts are that in connection with Shakespeare Sarani Police Station Case No. 159 of 2019 dated 17.08.2019, the accused was arrested on 21st August, 2019. Upon completion of investigation charge sheet was submitted on 18th September, 2019. The case was thereafter committed to the Court of the learned Chief Judge, City Sessions Court. On 12th March, 2020 an application was filed by the petitioner under Section 329 of the Code before the learned jurisdictional Court. While in judicial cust ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... application on 18th February, 2021 in continuation of the earlier application dated 12th March, 2020 filed under Section 329 of the Code. The said application and the connected application for bail were rejected by the learned Court below on 24th August, 2021. Thereafter, the present application has been preferred by the petitioner on 26th October, 2021. 3. Records reveal that during pendency of the present application, the accused was clinically examined by the members of the Medical Board on 3rd December, 2021 and a report was forwarded by the Superintendent, Presidency Correctional Home vide memo dated 7th December, 2021. Thereafter the accused was examined by the Medical Board twice on 20th December, 2021 and 25th January, 2022 and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aran-vs- State of Kerala, reported in 2018 SCC OnLine Ker 2202 and in the case of Dr. P.V. Varavara Rao -vs- National Investigation Agency and Another, reported in 2021 SCC OnLine Bom 230. 5. He contends that Section 439 of the Code empowers the Court to grant bail to a person on medical ground. The petitioner is suffering from Bipolar Affective Disorder which is a severe mental illness. In support of such contention he has placed reliance a judgment delivered in the case of 'X' vs. State of Maharashtra, reported in (2019) 7 SCC 1. Continuous incarceration of the accused whether in jail or in a jail like situation, keeping him away from his near and dear ones, will aggravate his mental illness. In such circumstances, the Court can ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at the petitioner has filed repeated applications with the sole intent to stall the proceedings. The sequence of facts would reveal that the bail prayer of the accused was refused on 13th April, 2021 after he substantially recovered from his ailments. In course of hearing of the application under Section 329 of the Code before the learned Court below, it was admitted on behalf of the accused that he had recovered well after getting treatment from NIMHNS. Thereafter the mental health condition of the petitioner has not deteriorated. The authorities have constantly monitored his health conditions and whenever required, he had been shifted to one of the best institutes in the State for treatment and the last discharge certificate dated 12th Fe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... addition of fact may make a lot of difference in the decision making process. The grant or rejection of bail will almost always be based upon the given sets of facts and situations. In the case of Sashidharan (supra), the petitioner was about sixty years of age, in Varvara Rao (supra), the accused was about eighty two years old. The accused here is 26 years old. In Virendra (supra), the accused was suffering from schizophrenia with current episode mania and in Deepak Surendran (supra), accused was having maniacal and psychotic symptoms. The accused herein was examined by the Medical Board and upon considering all parameters the expert body had observed that the accused is stable and no neurological and neurosurgical intervention is needed. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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