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RAJESH SEKHRI
Mohd. Yusuf Ganie – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
Rajesh Sekhri, J.
1. Through the medium of present application, the applicant, Mohammad Yousuf Ganie, through his brother, Abdul Lateef Ganie, seeks his liberation on bail in FIR No. 66/2022 of Police Station, Beerwa Budgam, on medical grounds.
2. Case of the applicant is that he has been implicated in a false and frivolous case for the alleged commission of offences under Sections 376, 450 and 506 of the Indian Penal Code, 1860, and he is presently lodged in Central Jail, Srinagar. According to the applicant, the prosecution witnesses so far examined during the trial have not deposed anything incriminating against him. The applicant seeks his enlargement on bail on the ground that he is suffering from various aliments including Psoriasis Vulgaris, Grade-III Fatty Liver (severe) and Gastroenterological disorder, for which he has been suggested hospital admission and close follow up. According to the applicant, during his judicial custody, he has developed other life consuming diseases.
3. It is also case of the applicant that after examining the medical report furnished by the Senior Medical Officer, Central Jail, Srinagar and taking into account the gravity of his ailment,
The seriousness of the offence and the stage of the trial are crucial factors in considering bail on medical grounds.
The court's decision was based on the assessment of the petitioner's medical care in jail and the absence of urgency for his release on medical grounds.
The main legal point established is that a petitioner, even with serious medical conditions, may not be granted bail on medical grounds if they can receive necessary treatment in custody and there is....
The main legal point established is that a person who is sick or infirm, as defined under Section 45 of the PMLA, may be entitled to seek bail based on their medical condition.
Bail cannot be granted solely on the basis of alleged sickness; adequate medical facilities in jail must be considered, and the court must assess the necessity for treatment outside jail.
The limitations on granting of bail specified in Section 37 of the NDPS Act are in addition to the limitations under the Code of Criminal Procedure, and do not act as a blanket ban on the power of th....
The court interpreted the proviso to section 45(1) of the PMLA and determined the eligibility for bail based on the Applicant's medical condition, distinguishing between being 'sick' and 'infirm'. Th....
The urgency and criticality of life-threatening medical conditions can warrant interim bail under Section 45 of PMLA, especially when specialized care is unavailable in judicial custody.
The court established that serious medical conditions can warrant interim bail, emphasizing the necessity for adequate medical attention for incarcerated individuals.
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