The central legal point established in the judgment is that an incurable medical condition, warranting regular medical treatment, can justify the confirmation of provisional bail.

Admit.

1. Call for the Lower Court Records in connection with R.C. Case No. 68(A)/1996 from the Court of Additional Judicial Commissioner-VII cum Special Judge (AHD), CBI-1, Ranchi. Learned counsel for the appellant submits that Lower Court Records of R.C. Case No. 68A/1996 has already been received in other criminal appeals preferred by co-convicts.

2. Heard learned counsel for the appellant and learned A.S.G.I. on the prayer for suspension of sentence made through I.A. No. 6260 of 2018 on medical grounds.

3. Appellant stands convicted for the offence under Section 120-B read with Sections 409, 420, 467, 468, 471 and 477-A of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs. 5,00,000/- in default of payment of fine to undergo simple imprisonment for 1 year in connection with R.C. Case No. 68(A) of 1996 by the learned Court of Additional Judicial Commissioner-VII cum Special Judge (AHD), CBI-1, Ranchi vide impugned judgment of conviction and order of sentence dated 24.01.2018. He has further been convicted for the offence under Section 13 (2) of the Prevention of Corruption Act and sentenced to undergo rigorous imprisonment for 5 years with a fine of Rs. 5,00,000/- in default of payment of fine to undergo simple imprisonment for 1 year.

4. Earlier the appellant made a prayer for provisional bail through I.A. No. 1248 of 2018 on medical grounds. Pursuant to the order dated 09.02.2018, RIMS authorities submitted a report about his medical condition. The Medical Superintendent, RIMS, Ranchi through letter no. 354 dated 12th February, 2018 enclosed the report of the Assistant Professor of the Department of Cardiology, which was taken note of in the order dated 16.02.2018. As per the report, appellant has been diagnosed as a case of Multiple Myeloma on treatment, Ischaemic Heart disease, Post CABG status, BPH, B/L knee pain, Bleeding Per Rectum, Recurrent Respiratory Tract Infection and Urinary Tract Infection. He was having stable cardiac status at that time. For Myeloma Management, reference to Oncology Department was made. The Oncologist advice was to be followed up with AIIMS/Higher Center as Hematology Department was not available at RIMS. The RIMS authorities recommended the appellant for treatment at AIIMS, New Delhi/Higher Center. The Appellant relied upon medical report of Medanta Hospital dated 19.02.2010; discharge summary along with medical report dated 7.11.2012; discharge summary along with medical report dated 10.07.2013 of Udayan Hospital, Patna; discharge summary dated 27.08.2013 from Medanta Hospital and medical prescriptions of different dates of the year 2013 from Medanta Hospital, Gurgaon. According to him, he has been suffering from a type of Bone Marrow Cancer, Multiple Myeloma. It has aggravated since the year 2014 and since then he was on Chemotherapy administered sometimes in a month and on occasions, multiple times in a month at the Medanta Hospital, Gurgaon, Haryana. The reports of different dates of June, August and December 2017 from the Medical Oncology of Hematology, Medanta Cancer Institute, Medanta, Gurugram, Haryana was enclosed as well.

5. This Court after taking note of the medical condition of the Appellant and the fact that he had been granted provisional bail on medical grounds in Criminal Appeal (S.J.) No. 838 of 2013 by order dated 25.10.2013, considered it proper to enlarge him on provisional bail for a period of 4 weeks. Appellant had undergone the doses of chemotherapy thereafter on 22.02.2018 and his provisional bail was extended by order dated 16.03.2018 taking into account that the next dose of chemotherapy was to be administered on 22.03.2018. Provisional bail was further extended by order dated 23.03.2018 as the next dose of chemotherapy was to be administered on 19.04.2018. The appellant prayed for further extension of the provisional bail enclosing the report of the Medical Oncology Department of Medanta Hospital through I.A. No.