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Rajasthan High Court · body

1995 DIGILAW 1063 (RAJ)

Ajijjullah Khan @ Tapus Khan v. State of Rajasthan

1995-12-05

R.R.YADAV

body1995
Honble YADAV, J. – It is shocking to know that the applicant was granted temporary bail for 45 days from the date of his release on 10.5.95 after showing the original receipt dated 29.4.95 issued by Bombay Hospital and Medical Research Center, Bombay by which the applicant had deposited Rs. 85,000/-, Rs. 15,000/-, Rs. 1,140/-, and as also the certificate of Dr. Giridhari Sharma, M.S., (Cardiac Surgery) FCCP FACC Thorasic and Cardio-vascular Surgeon of the said Hospital dated 29.4.95 certifying that Azizullah Khan, aged 45 years was admitted on 629 MRC and has deposited the aforesaid amount towards cost of CABG (By Pass Surgery) and that he was expected to undergo surgery on 15.5.1995. (2). On the aforesaid ground, the applicant was granted 45 days temporary bail. It is not brought to my notice as to why and under what circumstances, the By-pass Surgery of the applicant was not done. However, an application was moved on behalf of the applicant for extension of temporary bail, which was extended on 28.6.95 upto 31.7.95. (3). Again a fresh application was moved for extension of temporary bail, which was extended on 28.7.95 upto 30.9.95. (4). Again fresh application was moved for extension of temporary bail, which was extended for two months by order dated 5.10.95. (5). This is fifth temporary bail before me supported with a certificate of Dr. Giridhari Sharma, MS. FRCS FACS FACC Consultant Cardiac Surgeon, Bombay Hospital, Bombay. In the aforesaid certificate, it is stated that applicant has been tentatively scheduled to undergo surgery on 11.12.95. It is stated that he has deposited Rs. 60,000/- but surgery is expected to cost Rs. 1,00,000/- approximately. (6). In the aforesaid certificate, it is certified by the aforesaid Doctor that the applicant has been found to have 100% occlusion of left anterior descending artery which is a potential lethal lesion. It is also certified that the applicant is advised to undergo coronary by-pass operation to avoid sudden death from heart attack. It is surprising to note as to how the present temporary bail has been moved at the fag-end of two months time granted on 10.5.95. (7). I have perused the fifth temporary bail application. There is no sufficient explanation as to why until date the by-pass surgery has not been done. It is surprising to note as to how the present temporary bail has been moved at the fag-end of two months time granted on 10.5.95. (7). I have perused the fifth temporary bail application. There is no sufficient explanation as to why until date the by-pass surgery has not been done. No cogent and convincing reasons have been brought to my notice which may have prevented the applicant to have undergone by pass surgery for such a long period. Be that as it may. (8). Be that as it may,iIrrespective of the facts stated above after looking into the certificate issued by Dr. Giridhari Sharma, MS FRCS FACS FACC Consultant Cardiac Surgeon, Bombay Hospital, Bombay on 1.12.95 and the condition indicated therein as a Court of conscience in order to save the life of the applicant, one more opportunity is to be given to the applicant. (9). Taking humanitarian consideration, I hereby grant 60 days temporary bail to the applicant to facilitate Coronary By-pass operation. If the by pass operation is not undergone within this period, the applicant who has already been granted sufficient time for the said purpose, would not be entitled for temporary bail. (10). As a result of the aforesaid discussion, the temporary bail of the applicant dated 10.5.95 is further extended for 60 days from tomorrow i.e. 6.12.1995 for undergoing by pass surgery of the applicant. (11). With the aforesaid observations, the present fifth temporary bail is hereby finally disposed of.