Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Raj) 1384

RAJASTHAN HIGH COURT
Anoop Kumar Dhand, J.
Rajesh Kumar @ Bilu Makkad - Appellant
Versus
State - Respondent
Criminal Miscellaneous Bail Application No. 12400 of 2021
Decided On : 26-11-2021

Advocates appeared:
Jagdish Kumar Vishnoi, Advocate, Ashok Kumar, Advocate, Gaurav Singh, Advocate, Q, Advocate

The court upheld that adequate medical treatment in custody is sufficient grounds to deny interim bail under Section 439 Cr.P.C.

Headnote:
BAIL - INTERIM BAIL APPLICATION - The court analyzed the petitioner's request for interim bail under Section 439 Cr.P.C. for medical treatment, considering the medical reports indicating that the petitioner was receiving adequate care for his anemia. The court concluded that since the petitioner was stable and receiving proper treatment, the request for bail was denied, but directed the jail authorities to ensure continued medical care as needed.
Fact of the Case:

The petitioner filed an interim bail application under Section 439 Cr.P.C. seeking bail for one month for medical treatment due to anemia, claiming inadequate care in jail.
Finding of the Court:

The court reviewed the medical report from the jail, which confirmed that the petitioner was receiving adequate treatment and was in stable condition, leading to the decision to deny bail.
Issues: Whether the petitioner should be granted interim bail for medical treatment despite receiving adequate care in jail.
Ratio Decidendi: The court determined that the provision of adequate medical treatment in custody negated the need for interim bail, as the petitioner's health was stable.
Result: The interim bail application was dismissed, but the court directed the jail authorities to continue providing necessary medical treatment.

JUDGMENT

Anoop Kumar Dhand, J. - The present interim bail application under Section 439 Cr.P.C. has been filed under on behalf of the petitioner seeking interim bail for a period of one month for his treatment.

2. Heard learned counsel for the petitioner as well as learned Public Prosecutor and perused the material available on record.

3. Learned counsel for the petitioner submits that the petitioner is suffering from ?Anemia? but no proper care and treatment has been provided to him by the concerned Jail Authorities. Thus, he urges that the petitioner should be released on interim bail for a period of one month so as to enable him to take proper treatment in private hospital.

4. On 23.09.2021, this Court ordered to summon the present medical status of the petitioner. In compliance of the said order, the Superintendent, Central Jail, Bikaner has sent the report dated 16.11.2021 along with treatment record of the petitioner, which indicates that the petitioner is suffering from Anemia and proper and adequate medial treatment is being provided to the petitiner in the jail as well as at the PBM Hospital, Bikaner from time to time and at present, his condition is stable.

5. Having regard to the facts and circumstances of the case and considering the fact that the petitioner is given proper and adequate treatment from time to time in the jail as well as at the PBM Hospital, Bikaner, therefore this Court is not inclined to grant interim bail to the petitioner.

6 .Thus, the interim bail application under Section 439 Cr.P.C. filed on behalf of the petitioner is dismissed. However, looking to the stable condition of the petitioner, the concerned Jail Authorities are directed to provide proper treatment to the petitioner, at the suitable medical institution as and when required.

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