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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 ..... lth 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 be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... March, 2020 an application was filed by the petitioner under Section 329 of the Code before the learned jurisdictional Court. While in judicial custody, the accused was admitted in the Institute of Psychiatry, Kolkata (in short, the said Institute) and on 7th April, 2020, he filed an application before this Court under Section 330 read with Section 439 of the Code. Considering a medical report dated 16th March, 2020 issued by the Director of the said Institute, an interim bail for a period of two months was granted by this Court on 8th April, 2020. Seeking permission to take the accused to Bangalore for better treatment, an application for modification of condition of bail was preferred by the petitioner and by an order dated 21st Septembe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ide 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 reports were forwarded by the Director of the said Institute. 4. Mr. Desai, learned senior advocate appearing for the petitioner submits that the accused is suffering from Bipolar Affective Disorder since the year 2016. Prior to the unfortunate incident, he had to be admitted six times in different hospitals. His ailments aggravated thereafter as would be explicit from the report of the Medical Board dated 16th March, 2020. In spite of administration of high doses of medicine there was hardly any improvement and his condition deteriorated in the Correctional home for which he had to be ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 grant him bail and hand him over to his relatives, who are ready to take care of him. 6. According to Mr. Desai, bail jurisdiction of the Court under Chapter XXXIII of the Code is wide and vast. Consideration of health condition is within the domain of Section 439 of the Code. Sections 436, 437 and 439 of the Code are intended to release persons on bail and restore their liberty. They have to be viewed from the bedrock of Article 21 of the Constitution of India as they are very much concerned with securing the liberty of the individual. Section 330 of the Code is also concerned with th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h 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 February, 2022 would also reveal that his condition has substantially improved. 9. According to Mr. Mukherjee, on one hand, the accused claims himself to be mentally unfit and seeks relief under the provisions of Chapter XXV of the Code and on the other hand files the present application seeking bail on medical ground. In the said rigmarole the proceedings had been delayed and till date charges could not be framed. Had the accused allowed the proceeding to continue, the same would have substantially progressed by now. Such conduct of the accused reveals that his intent is to stall ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. 13. 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, 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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