Back
ANOOP KUMAR DHAND
Rajesh Kumar @ Bilu Makkad – Appellant
Versus
State – Respondent
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 court upheld that adequate medical treatment in custody is sufficient grounds to deny interim bail under Section 439 Cr.P.C.
The court denied interim bail due to lack of serious health issues as per medical reports, while ensuring the petitioner receives adequate medical treatment in custody.
The court granted interim bail based on the genuine medical grounds for the petitioner's mother's surgery, highlighting the principle of parity with previous bail decisions.
The main legal point established in the judgment is the consideration of the seriousness of the petitioner's ailment, the feasibility of treatment in jail, and the need for specialized treatment that....
The court may grant interim bail based on the health condition and medical needs of the petitioner.
The court may grant interim bail based on medical grounds without expressing any opinion on the merits/demerits of the case.
The court established that the grant of interim bail must consider the applicant's criminal history and the potential risk to public safety, even in light of personal hardships.
Bail on medical and humanitarian grounds – Merely because a person is an undertrial or even a convict, lodged in jail, this facet of right to life cannot be curtailed.
Fundamental right of inmates to receive adequate healthcare
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
