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2020 Supreme(MP) 685
MADHYA PRADESH HIGH COURT (GWALIOR BENCH)
Vishal Mishra, J.
Nishan - Appellant
Versus
State Of Madhya Pradesh - Respondent
Miscellaneous Criminal Case No. 30370 of 2020
Decided On : 10-09-2020
Sanjay Kumar Shukla, Advocate, Rohit Shrivastava, Advocate, Vilas Tikhe, Advocate
The court prioritized the medical needs of the applicant, considering the inability to receive regular treatment in jail and the heightened risk of COVID-19 infection for individuals with chronic diseases.
Headnote:
Bail Application - Medical Ailment - Ss. 294, 323, 506, 307 and 34 of IPC - Enlargement of bail granted for medical treatment
Fact of the Case:
The applicant filed a bail application citing medical ailment as he is a chronic cancer patient and requires regular treatment, which is not possible in jail. The court considered the COVID-19 pandemic scenario and the medical condition of the applicant and granted interim bail for 60 days to enable medical treatment.
Finding of the Court:
The court found that the applicant, being a chronic cancer patient, required regular treatment which was not feasible in jail, especially considering the COVID-19 pandemic. Therefore, the court granted interim bail for medical treatment.
Issues: The main issue was the medical condition of the applicant and the feasibility of receiving regular treatment in jail, especially in the context of the COVID-19 pandemic.
Ratio Decidendi: The court's decision was primarily influenced by the medical condition of the applicant, the inability to receive regular treatment in jail, and the heightened risk of COVID-19 infection for individuals with chronic diseases.
Final Decision: The court allowed the bail application on the ground of medical ailment, directing the release of the applicant for 60 days to receive medical treatment, subject to compliance with specified conditions.
JUDGMENT
Vishal Mishra, J. - Learned counsel for the rival parties are heard. This is first bail application u/S.439 Cr.P.C. filed by the applicant for grant of bail.
2. In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
3. Applicant has been arrested on 07.08.2020 by Police Station Chinor, District Gwalior (M.P.) in connection with Crime No.117/2020 registered in relation to the offence punishable u/Ss. 294, 323, 506, 307 and 34 of IPC.
4. It is submitted by learned counsel for the applicant that he has filed an application for grant of interim bail being I.A. No. 13257/2020 on the ground of medical ailment of applicant-Nishan. It is submitted that applicant is a chronic cancer patient and is under regular treatment. It is further submitted that his condition is deteriorating in jail. It is submitted that learned counsel for the applicant is not pressing the application on merits of the case, however, looking to the fact that he is a cancer patient and is an having a tumor in his left kidney which requires regular treatment which is not possible in jail. He submits that applicant may be released on temporary bail to get himself treated. It is further argued that during this COVID-19 pandemic scenario, the patient having some chronic disease are more likely to catch the corona virus infection, therefore, keeping the present applicant in jail and treating him will be fetal for the applicant. It is argued that even the doctors have been suggested for regular treatment of the present applicant.
5. Per contra, learned counsel for the State on instruction being issued by this Court has called for the medical report, wherein it is seen that the applicant is a cancer patient and is under regular treatment. Along with the case diary a letter dated 21.08.2020 written by Assistant Superintendent, Sub Jail Dabra, District Gwalior to the Jail Superintendent, Central Jail, Gwalior, wherein it is categorically mentioned that the applicant is a cancer patient and is under regular treatment. His health condition is not satisfactory, therefore, he requires regular treatment. The medical report from the jail authorities is also received pointing out the similar and deleterious of health and regular treatment is required for the present applicant. It is further submitted that in this regard a report dated 07.09.2020 has been received from the Office of Central Jail, Gwalior which is as under:-
6. Heard learned counsel for the parties and perused the case diary.
7. Considering the overall facts and circumstances of the case and looking to pandemic Covid -19 scenario and coupled with the fact that medical ailment of the present applicant, this Court deems it appropriate to enlarge the bail to the present applicant on interim bail for a period of 60 days to enable him to get himself medically treated.
8. Accordingly, this application is allowed only on the ground of medical. The applicant is directed to be released for a period of 60 days (from the date of his release) furnishing a surety bond of Rs.50,000/- (Rs. Fifty thousand Only) with two solvent sureties in the like amount to the satisfaction of trial Court. The applicant shall submit written undertaking that he will abide by all terms and conditions of the different circulars, orders as well as guidelines issued by the Central Government, State Government as well as Local Administration for maintaining social distancing, hygiene etc to avoid Novel Corona Virus (COVID -19) pandemic and he will have to install Arogya Setu App, if not already installed. The applicant shall surrender before concerning CJM, on
