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SUPREME COURT OF INDIA
ASHOK BHUSHAN, R. SUBHASH REDDY, M.R. SHAH, JJ.
STATE OF U.P. – APPELLANTS
VERSUS
GAYATRI PRASAD PRAJAPATI – RESPONDENTS
CRIMINAL APPEAL NO. 686 of 2020 (arising out of SLP (Crl.) No.4337 of 2020)
Decided on : 15-10-2020
.Criminal Procedure Code, 1973 – Section 439(2) – Grant of bail – Challenge as to – Interim bail granted to respondent on medical grounds – Humane treatment to all including an accused is requirement of law – A prisoner who is suffering from an ailment, has to be given due treatment and care while in prison – When respondent was being given treatment in super-speciality hospital, i.e., S.G.P.G.I.M.S. as recommended by K.G.M.U., Court cannot see as to what were shortcomings in medical treatment offered to respondent which could have been basis for grant of interim bail on medical ground – There was no satisfaction recorded by 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 respondent on interim bail on medical grounds – Even as on date, due medical care is being taken of respondent – High Court, without considering entire materials on record, has passed impugned order which is unsustainable – Impugned order set aside. (Paras 15, 16, 18 and 19)
Facts of the case:
Present appeal has been filed questioning order passed by Allahabad High Court, Lucknow Bench, Lucknow, by which the respondent has been granted interim bail on medical grounds for a period of two months while directing listing of regular Bail Application for hearing. respondent, a former minister in State of U.P. is an accused under Sections 376(D)/376/511/ 504/506 of I.P.C. read with Sections 3/4 of POCSO Act, 2012.
Findings of Court:
There was no satisfaction recorded by 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.
Result : Appeal allowed.
ORDER :
ASHOK BHUSHAN,J.
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 on medical grounds for a period of two months while directing listing of the regular Bail Application No. 5743 of 2019 in the week commencing from 28.09.2020 for hearing.
3. Brief facts of the case necessary to decide this appeal are:-
3.1 The respondent, a former minister in the State of U.P. is an accused in case Crime No.29 of 2017 under Sections 376(D)/376/511/ 504/506 of I.P.C. read with Sections 3/4 of POCSO Act, Police Station Gautam Palli, District Lucknow.
3.2 The first information report was registered against the respondent after an order was passed by this Court on 17.02.2017 in a Writ Petition (Crl.) No. 160 of 2016 filed by the complainant. The respondent was granted bail by the Additional District and Sessions Judge, Lucknow vide order dated 25.04.2017, which bail was cancelled before the respondent could be released from the jail by the High Court vide its order dated 26.05.2017 on an application filed by the State of U.P.
3.3 Another Bail Application No.10101 of 2017 filed by the respondent was again rejected by the High Court by order dated 14.12.2017.
3.4 The respondent was admitted for treatment in King George Medical University, Lucknow (hereinafter referred to as “K.G.M.U.”) on 03.05.2019. The respondent moved a Bail Application No.5743 of 2019 before the High Court. An application C.M. Case No. 99240 of 2019 was filed by the respondent on 19.08.2019 seeking interim bail on medical grounds for a period of six months. The respondent remained admitted in K.G.M.U. from 03.05.2019 to 17.01.2020 when he was discharged. The High Court passed an order on 05.03.2020 while hearing the bail application as well as short term bail application providing that applicant be sent to the Department of Urology of K.G.M.U., Lucknow, where he should be examined/admitted as per opinion of doctor concerned. However, the admission/treatment of the applicant- accused shall be under the supervision of police authorities/team to be constituted by the concerned authority.
3.5 The High Court further directed that applicant-accused may be examined by a medical board to be constituted by the Vice- Chancellor, K.G.M.U., Lucknow and the said report may be placed before the Court.
3.6 On 09.03.2020, the respondent was again admitted in K.G.M.U. The respondent was shifted on 04.06.2020 to the Sanjay Gandhi Postgraduate Institute of Medical Sciences, 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 passing the impugned order did not refer to reports of the medical board, which was submitted pursuant to the order of the High Court and reliance was placed on the report of Senior Superintendent of District Jail as well as on the m
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