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RAVINDRA MAITHANI
Kamal Bhatt – Appellant
Versus
State of Uttarakhand – Respondent
JUDGMENT
Ravindra Maithani, J. - Applicant Kamal Bhatt is in judicial custody in FIR No.293 of 2021, under Sections 8/20/60 of the Narcotic Drugs & Psychotropic Substances, 1985, Police Station Kathgodam, District Nainital. He has sought short term bail on the ground of his illness.
2. Heard learned counsel for the parties and perused the record. Learned counsel for the applicant appeared through video conferencing.
3. It is argued by learned counsel for the applicant that earlier also, the applicant was granted short term bail. He is a heart patient. Last time, his time extension application was rejected. He is in custody, unwell and have been shifted to District Jail, Haridwar. He is not getting the kind of treatment, as prescribed.
4. Learned State Counsel was required to get instructions. Today, learned State Counsel gives a statement that, in fact, the applicant is unwell. He has been prescribed for Echocardiography, which is still pending. He would submit that as per report, as and when the Guard would be available, the applicant would be sent for Echocardiography.
5. Medical treatment cannot wait for arrival of Guards. Guards should, in fact, run fast in such cases.
6. Without adv
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 Court can grant short term bail on humanitarian grounds in exceptional circumstances such as the death of a family member.
Two bail applications in two courts simultaneously are not maintainable.
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 court established that the right to a timely trial is fundamental, and prolonged pre-trial detention without progress in the case can lead to the granting of bail, even in serious offenses under ....
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