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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Ravindra Maithani, J.
Kamal Bhatt - Appellant
Versus
State of Uttarakhand - Respondent
Short Term Bail Application (IA) No. 7 of 2023 in First Bail Application No. 461 of 2022
Decided On : 20-01-2023
Narcotic Drugs & Psychotropic Substances - Short Term Bail - The court granted short term bail to the applicant on humanitarian grounds due to his illness, despite being in custody under Sections 8/20/60 of the Narcotic Drugs & Psychotropic Substances Act, 1985.
Fact of the Case:
The applicant, in judicial custody under Sections 8/20/60 of the Narcotic Drugs & Psychotropic Substances Act, 1985, sought short term bail on the ground of his illness.
Finding of the Court:
The court, purely on humanitarian grounds, granted the applicant short term bail for a period of six weeks from the date of his release, requiring him to surrender after the specified period.
Issues: The main issue was the applicant's eligibility for short term bail due to his illness while being in custody under the Narcotic Drugs & Psychotropic Substances Act, 1985.
Ratio Decidendi: The court's decision was influenced by the humanitarian consideration of the applicant's illness and the need for medical treatment, overriding the usual constraints of custody under the Act.
Final Decision: The court allowed the short term bail application and directed the applicant to surrender after six weeks, emphasizing the humanitarian aspect of the case.
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 adverting further on any aspect of the matter, purely on the humanitarian ground, this Court is of the view that, the applicant may be granted short term bail for a period of six weeks from the date of his release.
6. Short term bail application is allowed.
7. Accordingly, the applicant shall be enlarged on short term bail only for a period of six weeks from the date of his release, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned. It is further directed that, on expiry of six weeks, the applicant shall surrender before the court concerned and intimation to this effect shall also be given to this Court.
8. List the regular bail application on 29.03.2023.
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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