Suo Motu Rev. In the matter of v. Hridesh Through The Then Asj, Shivpuri
2015-05-11
D.K.PALIWAL, U.C.MAHESHWARI
body2015
DigiLaw.ai
ORDER : Shri Prabal Solanki, learned Government Advocate for the appellant State. Shri R. K. Dubey, learned counsel for the respondents. 2. According to the service report dated 10-5-2015 received from Police Station, Amola, District Shivpuri, of the non-bailable warrant issued against respondent No. 3 Sahab Singh in compliance of the earlier order dated 12-3-2015, in spite of availability of such respondent, such warrant could not be executed because he being seriously ill and was on death bed, was not in a position even to stand up or walk. 3. It is very unfortunate that such report has been sent to this Court without annexing photo copy of any prescription of the doctor with respect to the disease of such warrantee; only some investigation reports of the blood and certain pathology tests are annexed with the same. 4. We are of the considered view that whenever at the time of execution of non-bailable warrant if the concerning warrantee is found to be seriously ill or is on death bed, then, in that circumstance, the non-bailable warrant should not be returned back to the Court in a casual manner. If such warrantee is not found to be in a fit condition to be arrested, then he should be examined first by the Medical Board or in any case by a senior doctor of the nearest Government hospital and after obtaining report/opinion of such doctor, along with such report/opinion, such warrant may be sent back to this Court with an explanation that due to serious ailment of the warrantee, he has not been arrested. However, no such steps were taken by the executing authority of the impugned non-bailable warrant. 5. Therefore, we direct the Registry to call for the explanation of the concerning Station House Officer of the Police Station Amola, District Shivpuri that why he has not collected papers of treatment of respondent No. 3, if such warrantee was seriously ill and was on death bed. Such explanation be called within three weeks and placed with the record. Appropriate orders on such explanation would be passed on next hearing. 6. Apart from the aforesaid, presence of respondent No. 3 Sahab Singh be secured before this Court by fixing a date in the month of July, 2015 through fresh non-bailable warrant and the case be listed accordingly on such date.
Appropriate orders on such explanation would be passed on next hearing. 6. Apart from the aforesaid, presence of respondent No. 3 Sahab Singh be secured before this Court by fixing a date in the month of July, 2015 through fresh non-bailable warrant and the case be listed accordingly on such date. In the aforesaid warrant, a specific note be mentioned for executing authority that on execution of such warrant, if respondent No. 3 is found to be seriously ill or is on death bed, then after calling a senior doctor of the nearest Government Hospital, opinion of such doctor be taken and according to the opinion of the doctor, if the warrantee is not found to be in a condition to be arrested for his production before this Court, then along with such report/opinion such warrant be sent back to this Court unexecuted for appropriate further directions. If under execution of the non-bailable warrant, respondent No. 3 Sahab Singh is taken in custody, then in that circumstance, necessary medical aid be given to him till producing him before this Court.