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2014 DIGILAW 118 (SC)

Ramakant v. State of U. P.

2014-01-31

KURIAN JOSEPH, SUDHANSU JYOTI MUKHOPADHAYA

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ORDER : Leave granted. 2. This appeal has been preferred by the appellant-Ramakant S/o Sonelal against the order dated 1st February, 2013 passed by the High Court of Judicature at Allahabad in Criminal Appeal No. 3227 of 2011. By the impugned order the High Court rejected the prayer of the applicant to grant bail on the ground of his illness. 3. The appellant has taken plea that he is suffering from serious ailment for which he requires specialised medical treatment outside the jail. Counsel for the appellant also submitted that the appellant was throughout on bail during the trial and he has been taken in custody after the conviction. 4. By order dated 4th October, 2013 this Court sought Medical Report from the Jail Superintendent, Fatehgarh with regard to health of the appellant. The Jail Superintendent, District Jail Fatehgarh, Farrukhabad by his letter dated 1st November, 2013 forwarded the report, the relevant extract of which reads as follows: "1. Had been sent to S.G.P.G.I. Lucknow for the first time for better medical examination and treatment on 29.4.12 (Registration No. 212249396). The specialist doctor of Nephrologist Department prepared H.T.N.T2 DM and on examining evaluation of ADPKD Diagnosis was written for treatment and was called again after two weeks for Review Management. 2. The said prisoner had been sent to S.G.P.G.I. Lucknow for Review Management on 16.5.12 for the treatment from District Jail level. Since then the treatment of said prisoner has been undergoing under Nephrology Endocrinology Department of the concerned centre and counselings treatment is being given at district prison hospital level. 3. On making the demand of Guard by district jail on fixed dates for the treatment on follow up by referral centre S.G.P.G.I. Lucknow, sending for the treatment to S.G.P.G.I. by District jail is only possible on the availability of Guard by Pratisar Superintendent, Police Line Fatehgarh. 4. The disease of said prisoner as per the specialist of referral centre S.G.P.G.I. Lucknow - is suffering from HTN (Hypertension Nuropathy) T2-DM (Diabetes Mellitis, suspected Case of ADPKD) Autosomal Dominant Polycystic Kidney Disease. These diseases are progressive in nature and there is urgent need of regular examination and treatment however due to non availability of Guard on fixed dates it does not become possible to send referral centre on fixed dates. These diseases are progressive in nature and there is urgent need of regular examination and treatment however due to non availability of Guard on fixed dates it does not become possible to send referral centre on fixed dates. As per the advice of specialist of referral centre S.G.P.G.I. Lucknow, is being treated in the supervision of serving doctor in district jail at jail hospital level." 5. Taking into consideration the weak condition of the appellant-Ramakant S/o Sonelal as reported by Superintendent Jail, District Jail Fatehgarh, Farrukhabad, we are inclined to grant relief as sought for. We, accordingly, suspend the order of sentence passed by the Trial Judge dated 23rd May, 2011 so far as it relates to appellant and he be enlarged on bail, subject to furnishing bail bonds for the sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of the trial court. Order of the High Court is set aside. The appeal is allowed. Appeal allowed.