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2014 DIGILAW 1128 (ALL)

J. P. Joshi v. State of Uttarakhand

2014-04-07

UMESH CHANDRA DHYANI

body2014
JUDGMENT Umesh Chandra Dhyani, J. 1. Applicant J.P. Joshi, who is in jail in connection with Case Crime No. 358 of 2013, relating to offences punishable under sections 376-C(b) and 506 IPC, Station-Kotwali Dehradun, District Dehradun, has sought his release on bail. Heard learned Counsel for the parties, perused the material on record and considered the grounds taken up in the bail application. 2. While disposing of the first bail application of the accused-applicant, this Court directed, among other things, as under: As prayed for by the learned Counsel, if the applicant is suffering from some disease, he shall be provided adequate and proper medical treatment either in the hospital situated within the jail premises or in Doon Hospital, if so advised by the Medical Board constituted and headed by the Chief Medical Officer, Dehradun. 3. The letter dated 20.3.2014 written by Senior Medical Officer, District Jail, Dehradun, which was addressed to Jail Superintendent, District Jail, Dehradun is brought on record. Senior Medical Officer wrote that "It would be difficult for patient to be sent to Doon Hospital from District Jail (at Suddhowala) for physiotherapy on OPD basis (as road conditions may lead to jerks). 4. Earlier, the Chief Medical Officer, Dehradun wrote to the Superintendent of District Jail, Dehradun, on 15.3.2014, that since the accused has been advised for physiotherapy, and such facility is not available in the jail hospital, therefore, the regular treatment be given in Doon Hospital. 5. Learned Deputy Advocate General was, therefore, requested to obtain a report from Chief Medical Officer, Dehradun as to whether the patient is required to be admitted in Doon Hospital for physiotherapy or the same can be done in the said hospital on OPD basis. Such report was to be placed before the Court today. 6. Learned Additional Government Advocate has placed the report dated 5.4.2014 of the Chief Medical Officer, Dehradun before the Court today. According to the report, the treatment of the patient is possible only by admitting him in Doon Hospital. 7. While accepting the report of the Chief Medical Officer, Dehradun, it is provided that the applicant-patient be admitted in Doon Hospital in police custody for treatment for a period of one week, whereafter, the Chief Medical Officer, Dehradun shall submit a report as to whether the patient is further required to remain in Doon Hospital for treatment or not? 7. While accepting the report of the Chief Medical Officer, Dehradun, it is provided that the applicant-patient be admitted in Doon Hospital in police custody for treatment for a period of one week, whereafter, the Chief Medical Officer, Dehradun shall submit a report as to whether the patient is further required to remain in Doon Hospital for treatment or not? In no case, such medical facility shall be allowed to be misused. If, at any time, it is found that the applicant is misusing such medical facility, this order shall stand withdrawn without reference to this Court. 8. The first bail application of the applicant was decided on merits on 24.2.2014. Since no new ground is made out, therefore, it is not possible to enlarge the accused-applicant on bail. The second bail application of the applicant is also dismissed. Let a copy of this order be provided to the learned Counsel for the applicant today itself.