IMPORTANT POINT
Where as many as 49 accused, were arrested for alleged commission of offences punishable under Sections 406, 409, 420, 439, 471, 473(a), 120B of IPC and Section 46 of Banking Regulation Act and each one of them had already been enlarged on bail then in view of facts and circumstances of case and, more particularly, having regard to health of appellant, appellant was enlarged on anticipatory bail subject to certain conditions.

Headnote:Criminal Procedure Code, 1973 –Section438- Anticipatory Bail – Grant of – Registration of FIR against appellant and 13 other co-accused for alleged commission of offences punishable under Sections 406, 409, 420, 439, 471, 473(a), 120B of IPC and Section 46 of Banking Regulation Act – Application by appellant for anticipatory bail -Disposed of as withdrawn – Subsequent application for anticipatory bail – Rejected by High Court – Appeal – Plea of Appellant aged about 75 years that since he was suffering from various ailments anticipatory bail ought to be granted to him – Report on health of the appellant. submitted by Doctor, (MS Ortho), Department of Orthopedic Surgery, B.J. Medical College, Civil Hospital, Asarwa, Ahmedabad, showed that appellant was diagnosed case of Lumbar Canal Stenosis with severe Lumber Sodalities of L2-3-4 and L5S1 – According to said report appellant had severe Osteoarthritis below knee and deformities at knee- The report further stated that the appellant had sustained fracture of ankle for which he had been operated and metal implants were found in his body – The report showed that appellant was known heavy diabetic on oral anti-diabetic drugs and had hypoesthesia below D12-L1 and Anesthesia below L-3 due to Lumber Canal stenosis and diabetic neuropathy – As per said report appellant was severely obese weighing 120 kgs. and he was not able to do his activities of daily living without at least two assistants- It was also mentioned in report that appellant was absolutely bedridden due to severe osteoarthritis below knee, Lumber Canal Stenosis, Osteoporosis, diabetic and obesity and that he needed special toilet and bathroom – It was highlighted in said report that appellant had danger of having bedsores, pressure sores without specialized treatment and if left untreated, the diseases may lead to his death –Evidence on record indicated that there were as many as 49 accused, who were arrested and each one of them had already been enlarged on bail – In view of facts and circumstances of case and, more particularly, having regard to health of appellant, held that interest of justice would be served if appellant was enlarged on anticipatory bail subject to certain conditions. (Paras 5 to 8)
       Facts of the Case :
        Present appeal has been preferred against judgment rendered by High Court by which prayer made by appellant to enlarge him on anticipatory bail for alleged commission of offences punishable under Sections 406, 409, 420, 439, 471, 473(a) and 120B of IPC read with Section 46 of Banking Regulation Act, was refused.
       Findings of the Court :
        Evidence on record indicated that there were as many as 49 accused, who were arrested and each one of them had already been enlarged on bail. In view of facts and circumstances of case and, more particularly, having regard to health of appellant, held that interest of justice would be served if appellant was enlarged on anticipatory bail subject to certain conditions.
       Result : Appeal allowed.

JUDGMENT

J.M. Panchal, J. —

1. Leave granted.

2. The instant appeal is directed against judgment dated August 10, 2007 rendered by the learned single Judge of High Court of Gujarat at Ahmedabad in Criminal Miscellaneous Application No. 6590 of 2007 by which the prayer made by the appellant to enlarge him on anticipatory bail with reference to Crime Case No. 1681 of 2002, registered with Navrangpura Police Station, Ahmedabad, for alleged commission of offences punishable under Sections 406, 409, 420, 439, 471, 473(a) and 120B of IPC read with Section 46 of the Banking Regulation Act, is refused.

3. The record shows that in the year 2002 an FIR was lodged against the appellant and 13 other co-accused for alleged commission of offences punishable under Sections 406, 409, 420, 439, 471, 473(a), 120B of IPC and Section 46 of the Banking Regulation Act. The appellant had approached the High Court for anticipatory bail but the same was disposed of as withdrawn by an order dated January 22, 2004. The appellant again preferred another application for obtaining anticipatory bail. The High Court rejected the same on the ground that though the previous application for anticipatory bail was disposed of on January 22, 2004, the appellant had neither surrendered before the Investigating Officer nor extended cooperation in the investigation, as a result of which the investigating agency had initiated proceedings against the appellant under Section 70 and 82 of the Code of Criminal Procedure, 1973. According to the High Court the appellant had no regard for law and, therefore, his prayer for anticipatory bail was liable to be rejected though he had pleaded his illness. In that view of the matter, the High Court has rejected the application for anticipatory bail giving rise to the instant appeal.

4. This Court has heard the learned counsel for the parties and considered the documents forming part of the instant appeal. The appellant has pleaded that as he is aged about 75 years and suffering from various ailments, the anticipatory bail should be granted to him.

5. During the course of hearing of the instant appeal the State was directed to submit a report on the health of the appellant. Accordingly the State has submitted report dated May 10, 2008 submitted by Dr. V.K. Gautam (MS Ortho), Department of Orthopedic Surgery, B.J. Medical College, Civil Hospital, Asarwa, Ahmedabad, relating to the health of the appellant. As per the said report the appellant is diagnosed case of Lumbar Canal Stenosis with severe Lumber Sodalities of L2-3-4 and L5S1. According to the said report he has severe Osteoarthritis below knee and deformities at knee. The report further states that the appellant has sustained fracture of ankle for which he has been operated and metal implants are found in his body. The report shows that the appellant is known heavy diabetic on oral anti-diabetic drugs and has hypoesthesia below D12-L1 and Anesthesia below L-3 due to Lumber Canal stenosis and diabetic neuropathy. What is relevant to notice is that as per the said report the appellant is severely obese weighing 120 kgs. and he is not able to do his activities of daily living without at least two assistants. It is also mentioned in the report that he is absolutely bedridden due to severe osteoarthritis below knee, Lumber Canal Stenosis, Osteoporosis, diabetic and obesity and that he needs special toilet and bathroom. It is highlighted in the said report that he has danger of having bedsores, pressure sores without specialized treatment and if left untreated, the diseases may lead to his death. According to Dr. Gautam, prognosis is not going to improve further due to increasing age and servile changes.

6. The record would indicate that there are as many as 49 accused, who were arrested and each one of them has already been enlarged on bail. The chairman, vice-chairman, managing director, 11 other directors, two general managers, accountant and as many as 30 loanees of the bank ha

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2008 Supreme(SC) 896

2008(4) Supreme 167SUPREME COURT OF INDIATarun Chatterjee and J.M. Panchal, JJ.Sureshchandra Ramanlal — AppellantversusState of Gujarat and another — RespondentsCriminal Appeal No. 901 of 2008Decided on : 15-05-08

2008(4) Supreme 167
SUPREME COURT OF INDIA
Tarun Chatterjee and J.M. Panchal, JJ.
Sureshchandra Ramanlal — Appellant
versus
State of Gujarat and another — Respondents
Criminal Appeal No. 901 of 2008
Decided on : 15-05-08