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2002 Supreme(Chh) 66

FAKHRUDDIN
SANJAY SINGH PARIHAR – Appellant
Versus
STATE OF CHHATTISGARH – Respondent


Advocates Appeared:
A.S.GAHARWAR, Ashok Verma, KISHORE BHADURI, M.HASIM KHAN, Sharmila Singhai

FAIZAN UDDIN, J.

( 1 ) COUNSEL for the State has submitted the report of District Magistrate, Bilaspur and documents of the Apollo Hospital, Bilaspur and that of Principal Secretary Jail, Chhattisgarh Government.

( 2 )

( 3 ) HEARD learned counsel for the parties.


( 4 ) THE applicant is being prosecuted in Crime No. 121/2001 for the offences punishable under Ss. 147, 148, 149, 427, 452, 294, 307 and 302 of Indian Penal Code. The incident occurred on 6-6-2001 and the applicant was arrested on 7-6-2001. He had earlier applied for grant of bail on the ground of ailment. The report of Civil Surgeon was called for. The Civil Surgeon on 17-1-2002 informed that the applicant is suffering from heart ailment, hypertension, epilepsy, Hepatitis "b," stone disease, neuropathy, nerve disease and thyroid disease. Orders were passed on 14-12-2001 for examination of the applicant in Apollo Hospital, Bilaspur or any other hospital. On 31-1-2002 when the case was taken up for hearing, the State counsel made a statement that he has received instruction and the accused will be provided due medical facilities at the State expense. While deciding the earlier bail application, the State counsel submitted t


















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