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2013 DIGILAW 442 (HP)

RAJINDER KUMAR v. STATE OF HIMACHAL PRADESH

2013-05-17

SANJAY KAROL

body2013
JUDGMENT SANJAY KAROL, J. - 1. IN relation to FIR No.266 of 2011, dated 10.11.2011, registered at Police Station, West (Shimla), under the provisions of Sections 302, 201, 364, 120-B, 34 of the Indian Penal Code, petitioner stands arrested and is in custody since 12.11.2011. Challan has been presented in the Court. Charges are to be framed on 29.5.2013. 2. NO doubt the offence is grave but, in my considered view, petitioner has made out a case for grant of bail, but for a limited period. Petitioner is a taxi driver and has his permanent abode in Shimla. He has immoveable property in Shimla and his wife and two children are also residing there. He is suffering from kidney problem and was operated upon for the disease of Cholelethasis c choles at the Deen Dayal Upadhaya Hospital, Shimla. This was so done while he was in custody. His physical condition, since then, is deteriorating. 3. INSTANT application for regular bail was filed on 18.4.2013 and notice was issued on 22.4.2013. On 1.5.2013, medical record of the petitioner, including opinion of the Jail Doctor, was directed to be produced before this Court. 4. MEDICAL record reveals that the petitioner is suffering from heart ailment and is required to undergo certain tests. Learned counsel submits that petitioner has been advised test of "24 hour urinary VMA" and the facility for conducting this test is not available at Shimla and can only be conducted at PGI, Chandigarh or other institutions there. This Court had also called for the report of the Medical Officer, Model Central Jail, Kanda, which has been handed over in Court by Mr. R.S. Verma, learned Additional Advocate General. The same is taken on record. Report reveals that condition of the petitioner is grave. He has been suffering from high blood pressure and has fast heart beat for several months. The doctor has opined that at any time emergency may emerge. He has also advised that opinion of the medical specialist or cardiologist be obtained. Petitioner's family wants to take the petitioner to Chandigarh for medical treatment. 5. He has been suffering from high blood pressure and has fast heart beat for several months. The doctor has opined that at any time emergency may emerge. He has also advised that opinion of the medical specialist or cardiologist be obtained. Petitioner's family wants to take the petitioner to Chandigarh for medical treatment. 5. TAKING into account the entire attending circumstances and more so for the reason that there is no direct evidence against the petitioner, which fact is not disputed by the State, petitioner is directed to be released on bail for a limited period, i.e. four weeks from the date of his release from the jail, subject to his furnishing personal bond in the sum of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial Court or any other competent Court at Shimla. 6. THIS order is being passed only to facilitate the petitioner to undergo the test/undergo medical treatment at Chandigarh and get himself examined for his heart ailment. The petitioner shall positively surrender himself at Model Central Jail, Kanda, after expiry of four weeks commencing from the date of his release from jail. In case petitioner is required to undergo further medical treatment, his case for extension of the period of bail shall be considered at the relevant time. 7. LEARNED counsel submits that petitioner shall endeavour to appear before the trial Court on 29.5.2013, when the case is listed for framing of charges. 8. IT is clarified that the petitioner shall not tamper with the prosecution evidence, try to influence the witnesses or in any manner conduct himself as to disentitle him from the discretionary power. He shall not leave the country. Trial Court is directed to comply with the directions issued by the High Court, vide letter No.HHCVIG/Misc. Instructions/93-IV-7139, dated 18.3.2013. Any observation made herein above shall not be taken as an expression of opinion on the merits of the case and the trial Court shall decide the matter uninfluenced by any observation made herein above. Application stands disposed of.