The main legal point established in the judgment is that the seriousness of a petitioner's health condition, as evidenced by medical reports, can warrant the relaxation of statutory bars to grant bail on medical grounds.

Bansi Lal Bhat, J.

1. Petitioner Amarjeet Singh who is facing trial before learned 2nd Additional Sessions Judge, Jammu for charge under Section 302 RPC has been denied bail claimed on medical grounds by the trial Court. He has filed the instant petition reiterating his claim for bail on medical grounds. It is urged in the petition that about 20 years back, one of the kidneys of petitioner was removed making him dependent on single kidney, condition of which is also deteriorating because of non availability of specialised treatment in the jail. It is further urged that though the jail authorities have been frequently taking the petitioner for specialised treatment to Government Medical College, there is no improvement in his condition as the home atmosphere and specialised treatment required is lacking. It is urged that the learned Trial Court has not returned a finding as regards seriousness of ailment of the petitioner and if timely and specialized treatment is not provided to the petitioner, the consequences may be disastrous. State has opposed the bail plea before trial Court on the ground that the petitioner is involved in commission of offence under Section 302 RPC carrying sentence of death or life imprisonment as punishment and there is statutory bar for release of petitioner on bail.

2. Learned Trial Court rejected the bail plea on the ground that the trial is at the initial stage, however, despite observing that the bail is sought on ground of sickness and the petitioner is suffering from ailments as a result of single kidney and from piles as reported by Superintendent District Jail Jammu, it arrived at the conclusion that the petitioner was not suffering from any disease of such a nature as to require him to be released on bail. It appears that the trial Court was more influenced by gravity of charge and seriousness of offence alleged against the petitioner than recording a definite finding in respect of seriousness of the ailment urged by the petitioner as medical ground for grant of bail. Heard the rival sides. It is not disputed that statutory bar applies to grant of bail in favour of petitioner. However such bar is relaxed if the case of petitioner falls within the proviso vesting discretion in court to release a person accused of an offence to which embargo is attached on bail if his case falls within any of the categories specified in the proviso. Looking to the case projected by petitioner for his bail before the trial Court as also before this Court, it appears that the trial Court, despite observing that the petitioner is suffering from ailments as a result of single kidney and from piles did not consider such disease as amounting to sickness for grant of bail. Mr. Rakesh Khajuria, learned AAG has placed on record medical status report of petitioner. The medical board examination of petitioner prepared on 04.09.2015 reveals that the petitioner was examined by Nephrologists Dr. S.K. Bali and Urologists Dr. Ilias Sharma. Petitioner was found to have undergone right nephrectomy in the past. He was found to be a case Dysuria and Hypertension. He underwent investigation including Cystoscopy and Uroflowmetry. The Uroflowmetry was suggestive of outflow obstruction. However, the Cystoscopy done on 27.06.2015 was normal. He was advised to take oral medicine to improve the urinary flow and anti-hypertensive drug to control the blood pressure. This report clearly suggests that the petitioner suffers from ailment of the single surviving kidney with outflow of urine seriously obstructed which needs oral medication and constant care and monitoring. As if that is not enough, petitioner also appears to be suffering from heart ailment. As per report of Superintendent District Jail Jammu dated 08.09.2015, the cardiologist had advised the petitioner to undergo TMT which is listed for 01.12.2015. It is manifestly clear from these medical reports that the petitioner is suffering from chronic renal insufficiency due to