ORDER

This is third bail application under Section 439 of Cr.P.C for grant of temporary bail in connection with crime No.185/2021 dated : not mentioned, registered at P.S. - Khetiya District - Barwani for offences punishable under Sections 147, 148 and 302 of IPC mainly on the ground of ailment of applicant and alleging that he is not getting proper treatment in jail.

2. Counsel for the State was granted time to submit a report in this regard. A report of the Medical Officer, Central Jail, Indore has been submitted stating that the applicant was hospitalized for diagnose and treatment in M.Y

hospital Indore on 21/2/2024. He has been discharged on 27/4/2024 from the cancer hospital of MY Hospital, Indore. In the discharge certificate it is mentioned that the applicant is suffering from "Right buccal mucosal squamous cell carcinoma". He has been advised for follow up in surgery OPD (room No.43) on Wednesday for review and treatment. It is further stated that regular treatment is being given in District Hospital.

3. The report indicates that the applicant is getting proper treatment of cancer in Government Hospital. For cancer surgery, in the application it is stated that applicant is a labourer. Nothing is stated about his financial condition that whether he can afford the treatment expenses in a private hospital or not.

4. Considering the same, I find no case is made out for grant of temporary bail to the applicant for the said reason.

5. Accordingly, the application is dismissed. (VIJAY KUMAR SHUKLA) JUDGE PK