Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Online)(MP) 35095

IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
CRA No. 8711 of 2023
(MOHAMMAD SADIK Vs DIRECTORATE OF REVENUE INTELLIGENCE INDORE ZONAL UNIT INDORE
THROUGH SHRI HARI SHANKAR GURJAR)
Dated : 13-03-2024
Shri Sanjay Kumar Sharma - Advocate for the appellant.
Shri Chandan Airen - Advocate for the respondent.
Heard on I.A.No.3609/2024, which is the first application filed under
Section 389(1) of Cr.P.C. seeking temporary suspension of jail sentence and
grant of bail of the sole appellant Mohammad Sadik on the ground of his own
serious ailment.
Learned counsel for the appellant submitted that the appellant is
suffering from various diseases and Bone Tuberculosis was detected. During
the trial on 10.08.2020, the jail administration has shifted the appellant to M.Y.
Hospital where the Medical Board carried out the check up and revealed that
appellant is suffering from cardiac problem and needed Angiography and the
said facility is available at some higher Centre. Before his arrest the appellant
met with the accident and for that rod and plate was implanted in his limb and
after that he was taken in custody and he is facing unbearable pain. Appellant is
also facing eye problem and for that purpose he was admitted on 25.08.2020 at
M.Y. Hospital and from where he was referred to Delhi AIMS. Again on
31.08.2020 the appellant was shifted to M.Y. Hospital due to High Blood
Pressure and other ailments. He is a patient of Retinitis pigmntosa and so also
photophobia and due to which he can't see at night and even his vision is not
perfect in the day light and he is to depend on others for persuading his daily
routine work. He is also suffering from spinal cord problem and there is
1
Signed by: RASHMI

Advocates:
Sanjay Kumar Sharma,Chandan Airen

A convict is not entitled to bail on medical grounds unless there are exceptional circumstances.

Headnote:
BAIL - MEDICAL GROUNDS - SERIOUS AILMENTS - RELEASE ON BAIL
Fact of the Case:

The appellant, convicted under the NDPS Act, filed an application for temporary bail on medical grounds, citing serious ailments including compression in the L4 and L5 vertebra, prostate issues, and Bone Tuberculosis.
Finding of the Court:

The court noted that the appellant had been provided proper medical treatment in jail and that there was no ground to enlarge him on temporary bail.
Issues: Whether the appellant should be released on temporary bail on account of serious medical ailments.
Ratio Decidendi: The court held that the appellant had been convicted of a serious offence and that the jail authorities were providing him with proper medical treatment. Therefore, there was no ground to release him on temporary bail.
Final Decision: The court rejected the appellant's application for temporary bail.

PRASHANT

Signing time: 15-03-2024

18:59:46

Signature Not Verified

compression in L4 and L5 vertebra bone. He cannot walk without the

assistance of others and he has been provided with wheel chair. The appellant

is also a patient of prostate and is unable to control the urine pressure and for

that purpose he has to carry urine pot with him and when he was struggling with

all these ailments recently he has been diagnosed with Bone Tuberculosis.

Thus, looking to the medical status of the appellant, the appellant be released on

bail on the account of serious ailments for eight months so that he may get

proper treatment from some Specialists. Therefore, in such circumstances, it is

prayed that the temporary suspension of the appellant be allowed and he be

released on bail.

On the other hand learned counsel for the respondent Shri C. Airen

opposed the temporary bail application on the ground that the jail authorities are

providing him proper treatment and if the appellant is released on bail he may

abscond. Learned counsel for the respondent relied upon the judgment passed

by the apex Court in the case of Rajesh Ranjan Yadav Vs. CBI through its

Director reported in AIR 2008 (SC) 942.

Report was called from the Central Jail, Indore and as per the report of

Central Jail, Indore the appellant was admitted in jail from 15.05.2023 and on

16.05.2023 he was medically examined. On 18.09.2023, the appellant was send

for treatment of eyes in the Orthopedic Department of M.Y. Hospital, Indore

where treatment was provided. Again on 10.02.2024 appellant was sent for MY

Hospital, Indore and as per the advice of the Doctor tests were conducted and

on 11.02.2024 appellant was sent for treatment to Arbindo Hosptial Indore

and on 17.02.2024 the appellant was sent for treatment to Neurology as well as

Orthopedic Department where also test were conducted and on 23.02.2024 the

appellant was send for treatment at M.R.T.V. Hospital, Indore and as per the

Signed by: RASHMI

PRASHANT

Signing time: 15-03-2024

18:59:46

Signature Not Verified

prescription of 23.02.2024 the treatment is being provided to the appellant.

This Court is of the considered opinion that in view of the aforesaid, no

ground is made out to enlarge the appellant on temporary bail as the appellant

has been convicted for an offence under Section 8(c)/21 (c) of the NDPS Act

and commercial quantity Prohibited Drugs Fentanyl and the jail authorities are

providing him the propert treatment which the appellant is required.

Accordingly, I.A.No.3609/2024 stands rejected.

List for final hearing, as per its turn.

(S. A. DHARMADHIKARI)

(DEVNARAYAN MISHRA)

JUDGE

rashmi

Signature Not Verified

Signed by: RASHMI

PRASHANT

Signing time: 15-03-2024

18:59:46

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