The main legal point established in the judgment is the court's discretion to grant bail on medical grounds, considering the serious and incurable nature of the applicant's ailments and the relevant provisions of the M.P. Jail Manual.

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 the medical facilities have been given as per the orders passed by this Court on various occasions. It was made clear that so far as medical ground is concerned, the applicant may apply before the Trial Court if so desired and the Trial Court may call a report from the jail authorities and if such an application is filed, the same shall be considered and decided by it and suitable orders will be passed in accordance with law.

5. Learned Counsel for the applicant submits that pursuant to the directions issued by this Court, the applicant had filed an application before the Trial Court. He submits that the application for grant of bail was filed on the ground that the applicant was suffering from serious ailments. It is pointed out that apart from the present applicant, his two brothers namely Dananjay Singh Parihar and Rajesh Singh Parihar were also arrested and charges have not yet been framed against them.

6. Counsel for the applicant submits that as per Regulation 366 of the M.P. Jail Manual, the applicant may be released on bail. The Regulation 366 of the M.P. Jail Manual is relevant and quoted below :--

"366. In every case when an undertrial prisoner is seriously ill, the Superintendent shall report the circumstances to the Magistrate or if the prisoner is awaiting trial before the Sessions Court, to the Sessions Judge in order that if the Court thinks fit it proper, the prisoner may be released on bail."

7. Learned Counsel for the parties also referred to Chapter 15 Rule 381 of the Rules and Orders (Criminal). Chapter 15 Rule 381 of Rules and Orders (Criminal) is quoted below :--

"Chapter 15. Bail and Recognizance :

381. The Courts should exercise freely their power to release on bail.-

(a) Person seriously ill.

(b) Women in an advanced state of pregnancy or soon after child birth, and

(c) Minors.

If for any reason bail cannot be furnished or granted arrangement for the medical assistance of persons mentioned in clauses (a) and (b) should be made and they should be detained in a hospital or dispensary for prisoners and not be moved to undergo trial in Court until the officer in charge of the hospital or dispensary certifies that they are fit to undergo such trial."

8. Learned Counsel for the applicant submits that in the bail application, ailments have been described in para 4. In para 5 it has been stated that while in jail custody the applicant was referred to and hospitalized at Bhilai Steel Plant Hospital, Sector 9, Bhilai on 22-9-2001 and got examined and at the time of discharge from the said Hospital on 10-10-2001 Dr. T.K. Pandey had given the report of the discharge summary. Dr. Pandey had given the report that he be reproduced for review in Medical OPD on Tuesdays and Fridays, but the applicant was not sent. Counsel for the applicant further poin