The court's decision emphasized the importance of constant monitoring and treatment of the accused's medical condition in considering bail on medical grounds.

JUDGMENT

Tapabrata Chakraborty, J. - The present application for bail under Section 439 of the Code of Criminal Procedure (in short, the Code) has been preferred by the petitioner, namely, akhtar Parwez, on behalf of the accused, namely, Raghib Parvez, in connection with 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 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 readwith 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 September, 2020, a report was called for from the Superintendent of the said Institute. Pursuant to such direction, a report was furnished on 20th October, 2020. Considering such report, the interim bail granted earlier was extended for a period of 4 months granting liberty to the accused to have himself treated in the National Institute of Medical Health and Neurosciences, Bangalore (in short, NIMHNS). Thereafter on 23rd February, 2021, upon examining the accused, NIMHNS submitted a report observing inter alia that the accused is fit to face the trial procedures. Thereafter, the bail application came up for final hearing and by an order dated 13th april, 2021 the same was dismissed. aggrieved thereby, the petitioner preferred a Special Leave Petition before the Hon'ble Supreme Court. The same was also dismissed by an order dated 19th april, 2021. In the midst thereof, the accused filed an 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 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 admitted in the said Institute on 3rd May, 2021 and could not be produced before the learned Court below on several occasions. He was ultimately di