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SUPREME COURT OF INDIA
KRISHNA MURARI, P.V. SANJAY KUMAR, JJ.
Salim Valimamad Majothi – Petitioner
Versus
State of Gujarat – Respondents
For Special Leave to Appeal (Crl.) No(s). 3325 of 2023 (IA No. 43219/2023 - Exemption From Filing C/C of the Impugned Judgment IA No. 43221/2023 - Exemption From Filing O.T. IA No. 43222/2023 - Permission to File Additional Documents/Facts/Annexures) Petition(s) for Special Leave to Appeal (Crl.) No(s). 3325/2023; CRLMA No. 6872/2022; IA No. 43219/2023; IA No. 43221/2023; and IA No. 43222/2023
Decided on : 17-05-2023
BAIL - MEDICAL CONDITION - The court granted bail to the petitioner due to his serious medical condition, which required advanced medical treatment not available in jail. The court considered the duration of incarceration and the necessity for proper medical care in its decision to release the petitioner on bail, emphasizing the importance of health and humane treatment in the judicial process.
Fact of the Case:
The petitioner had been incarcerated for over 1 year and 7 months and was on a ventilator due to a serious medical condition.
Finding of the Court:
The court found that the petitioner required advanced medical treatment that was not available in jail, which warranted his release on bail.
Issues: Whether the petitioner should be granted bail considering his medical condition and the length of his incarceration.
Ratio Decidendi: The court held that the right to health and access to necessary medical treatment is paramount, especially in cases of prolonged incarceration.
Final Decision: The petitioner was granted bail, subject to conditions set by the trial court.
ORDER
1. Heard learned counsel for the parties.
2. Looking to the medical condition of the petitioner that he was on ventilator though now he has been discharged however, because of non-availability of advanced proper medical treatment in jail and considering the fact that the petitioner has been in incarceration for more than 1 year and 7 months, we are inclined to release the petitioner on bail.
3. Accordingly, the petitioner is directed to be released on bail, subject to such terms and conditions which the trial Court may deem fit and proper to impose.
4. The special leave petition stands disposed of accordingly. Pending application(s), if any, shall also stand disposed of.
The court established that the right to adequate medical care is a critical consideration in bail applications, particularly for individuals with serious health issues.
The main legal point established in the judgment is that the grant of bail is the general rule and putting a person in jail is an exception. The court emphasized the presumption of innocence and the ....
The court granted bail under the Narcotic Drugs and Psychotropic Substances Act considering prolonged incarceration and trial commencement.
The court emphasized that a petitioner's medical condition can justify the granting of interim bail, irrespective of the merits of the case.
The main legal point established in the judgment is that the court must carefully consider relevant aspects and not pass orders for bail and suspension of sentence as a matter of routine, especially ....
The gravity of the offence should not be the sole ground to deny parole, and individuals have the right to pursue legal recourse regardless of the severity of the offence or foreign nationality.
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