The seriousness of the allegations against an accused and their medical condition are important factors in deciding whether to grant bail.

JUDGMENT :

Gurpal Singh Ahluwalia, J.

Heard through video conferencing

1. Case Diary is available.

2. This second Criminal Appeal under Section 14-A of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act has been filed for grant of bail. First Criminal Appeal for grant of bail which was registered as Criminal Appeal No. 5639/2020, was dismissed on 09/11/2020.

3. The appellant has been arrested on 26/08/2020 in connection with Crime No. 108/2020 registered at Police Station Bahadurpur, District Ashok Nagar for offence under Sections 302, 307, 147, 148, 149, 436 of IPC and under Sections 3(2)(v), 3(2)(iv), 3(1)(r), 3(1)(s) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

4. The first Criminal Appeal was filed merely on the ground of ill-health. After considering the medical documents filed by the appellant, this Court by order dated 09/11/2020 dismissed the criminal appeal with a direction to the State that in case, if any treatment is required, then the same shall be provided to the appellant without any failure.

5. Being aggrieved by the order dated 09/11/2020 passed by this Court in Criminal Appeal No. 5639/2020, the appellant preferred a Petition for Special Leave to Appeal (Crl.) No. 6025/2020 which was dismissed by the Supreme Court by order dated 14/12/2020, with the following observations:-

"Head learned counsel for the parties.

Mr. Saurabh Mishra, learned counsel appearing for the State, on instructions, submits that the petitioner will be referred to AIIMS at Bhopal, Madhya Pradesh within this week for assessment and if necessary, for further treatment, as per the norms prescribed in that regard.

In view of the statement, nothing more is required to be done in this Special Leave Petition, at this stage.

Depending on the assessment of AIIMS at Bhopal, Madhya Pradesh further course of action can be decided by the jail authorities, as per law.

The Special Leave Petition is disposed of accordingly.

Pending applications, if any, stand disposed of."

6. It is submitted by the counsel for the appellant that the appellant had moved an application under Section 366 of the Jail Manual before the Special Judge, Ashok Nagar. The Medical Officer, Jail Dispensary, Central Jail, Bhopal, by his medical report dated 28/12/2020 has opined that the Court may consider the release of the appellant under Section 366 of the Jail Manual. However, the said application has been rejected by order dated 28/12/2020. It is further submitted that since the physical condition of the appellant is deteriorating day-by-day, therefore, he may be granted bail.

7. Per contra, the Criminal Appeal is vehemently opposed by the Counsel for the State.

8. By referring to the medical report dated 23/12/2020 sent by the Medical Officer, Jail Dispensary, Central Jail, Bhopal, it was submitted that it was nowhere mentioned by the Medical Officer that the appellant may be released under Section 366 of the Jail Manual. It is submitted that in paragraph 14 of the report, it was specifically mentioned that in case if the detenue is referred to Higher Centre/Medanta Hospital, New Delhi, then patient is got examined in AIIMS, New Delhi and this procedure is adopted in all the cases.

9. It is further submitted that the medical documents which have been filed by the appellant clearly show that prior to his arrest, he had never undergone such extensive medical treatment. It is further submitted that the Supreme Court while dismissing the SLP (Crl.) filed by the appellant, has taken care of health of the appellant and has already issued necessary instructions which shall be followed with all sincerity. It is further submitted that even otherwise, the allegations against the appellant are that he had caused an injury on the head of the deceased by means of a farsa and the appellant is the main accused.

10. Heard the learned counsel for the parties.

11. The appellant had filed an application under Section 366 of the Jail Manual on 23/12/2020 and on the same