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2002 Supreme(Chh) 68

FAKHRUDDIN
Sanjay Singh Parihar – Appellant
Versus
State of Chhattisgarh – Respondent


ORDER

Fakhruddin, J.

Heard.

2. 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.

3. Heard learned Counsel for the parties.

4. The applicant is being prosecuted in Crime No. 121/2001 for the offences punishable under Sections 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 that




























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