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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
HON ’ BLE MR. JUSTICE M. A. CHOWDHARY, J, TASHI RABSTAN, CJ.
Asif Latief Naik S/o Latief Ahmad Naik – Appellant
Versus
Union Territory Of J&k Through – Respondent
ORDER :
Per Chowdhary, J.
1. Through the medium of this Appeal, the appellant seeks setting aside of the order dated 12.09.2024 (impugned order) passed by the court of learned Special Judge (Designated NIA court for Shopian- Kulgam) at Kulgam (hereinafter referred to as ‘Trial court’), whereby the application moved by the appellant, as accused, for grant of short bail on medical ground, in a case titled ‘UT of J&K Vs. Aqib Hussain Nanda & Ors.’, arising out of FIR No.83/2022 registered at Police Station Keller, for the commission of offences punishable under Sections 302, 34 IPC, 18, 19, 38, 39 UA(P) Act, 7/27 Indian Arms Act, s, was rejected.
2. The appellant-accused, as pleaded, was arrested on 17.01.2023 in the aforesaid case and during his long incarceration he developed some ailments and, as such, had moved an application for grant of bail on medical grounds before the trial court, who vide impugned order rejected the bail application observing therein that there is no provision in the Criminal Procedure Code with respect to short term bail; that the appellant-accused stands arrested in the case on account of receiving money from one of the co-accused, as alleged by the respond
The court established that short term bail can be granted on medical grounds, emphasizing the right to health under Article 21, despite the severity of the charges.
The main legal point established in the judgment is that the court has the authority to grant bail on medical grounds, even in cases involving statutory restrictions, if the circumstances warrant suc....
The main legal point established in the judgment is that the court must carefully consider relevant aspects and not pass orders for bail and suspension of sentence as a matter of routine, especially ....
Fundamental right of inmates to receive adequate healthcare
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 main legal point established in the judgment is that bail is the rule and jail is an exception, especially in cases where there is delay in concluding the trial and no conclusive evidence connect....
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.
While considering an application for bail, all the relevant factors have to be weighed by the Court including the gravity of the offence, the evidence and material which prima facie show the involvem....
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.
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