Granting provisional bail on medical grounds based on the critical medical condition and necessity of specialized treatment.

Heard learned counsel for the appellant and learned ASGI for CBI on the prayer for provisions bail made through 1A No. 1248 of 2018.

2. Appellant has been 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 has been sentenced to undergo Rigorous Imprisonment for 5 years and 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. He has further been convicted for the offence under Section 13(2) of Prevention of Corruption Act and has been sentenced to undergo Rigorous Imprisonment for 5 years and fine of Rs.5.00.000/-, in default of payment of fine to undergo Simple Imprisonment for 1 year. Learned counsel for the appellant submits that the appellant is 83 years of age and has been suffering from serious ailments.

3. Earlier on 9th February, 2018, the prayer for provisional bail was pressed on the grounds of several ailments that the appellant has been suffering over a period of time, which required treatment at specialized Hospital and that he was required to undergo chemotherapy on 15th February, 2018 at Medanta Hospital, Gurgaon. A report of the status of the health of the appellant was called for from the RIMS Authorities where appellant has been shifted from Jail. The report of RIMS Authorities as contained in letter No. 354 dated 12th February, 2018 has been furnished in a sealed cover. The Medical Superintendent, RIMS has enclosed a report of Assistant Professor, Department of Cardiology, RIMSM, Ranchi, as per which the 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 is having stable cardiac status at present. For myeloma management. reference to oncology department was made. Oncologist advise is to be followed up with AIIMS/higher centre as hematology department is not available at RIMS. The appellant was examined by a Medical Board on 10th February, 2018, who have taken note of the ailments with which appellant is suffering and also observed that hematology and medical oncology department is unavailable at RIMS. They have recommended the appellant-patient for treatment of AIIMS, New Delhi/Higher Centre.

4. Learned counsel for the appellant has made copious reference to the medical reports of the appellant enclosed to IA which, according to him clearly established that he is suffering from the aforesaid diseases. The medical report of Medanta Hospital dated 19th February, 2010 (Annexure-I), discharge summary along with medical report dated 7th November, 2012 (Annexure-2), discharge summary along with medical report dated 10th June, 2013 of Udayan Hospital (A Multi Speciality Hospital and Trauma Centre), Patna (Annexure-3) have been enclosed. Further reports of discharge summary dated 27th August, 2013 from Medanta Hospital (Annexure-4). Medical prescription of different dates of the year 2013 from Medanta Hospital, Gurugaon (Annexure-5 Series) have been enclosed.

5. According to the appellant after he was convicted in R.C. Case No. 20 (A) of 1996 and was taken to judicial custody, on the ground of his critical and deteriorating health condition as found by Jail Doctor, he was earlier also referred to RIMS on 30th September, 2013. This appellant was granted provisional bail for three months by order dated 25th October. 2013 passed in Cr. Appeal (SJ) No. 838 of2013 by this Court considering the necessity of further treatment of the appellant by keeping him under close medical monitoring and constant medical surveillance of specialized hospital with super specialty facility. The period of his provisional bail was extended by Court’s order in the said criminal appeal on the grounds of his health. After surrender on the expiry of the period of provisional bail, this Court by order dated