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2018 DIGILAW 1722 (JHR)

Sajal Chakraborty v. State of Jharkhand

2018-08-03

APARESH KUMAR SINGH

body2018
ORDER : 1. Heard learned counsel for the appellant and learned A.S.G.I. representing CBI on the prayer for provisional bail on medical ground made through I.A. No. 6626 of 2018. 2. Appellant is convicted in connection with R.C. Case No. 68(A) of 1996 vide impugned judgment dated 24.01.2018 passed by Additional Judicial Commissioner-VII cum Special Judge (A.H.D.) CBI-1, Ranchi for the offence under Sections 120-B r/w Section 409, 420, 467, 468, 471, 477-A of the Indian Penal Code r/w Section 13(2) of the Prevention of Corruption Act. He has been sentenced to undergo R.I. for 4 years and a fine of Rs. 1,00,000/- in default of payment of fine, S.I. for 3 months under the aforesaid sections of I.P.C. He has also been sentenced to undergo R.I. for 4 years and a fine of Rs. 1,00,000/- in default of payment of fine, S.I. for 3 months under the aforesaid section of P.C. Act. Both the sentences have been directed to run concurrently. 3. Prayer for provisional bail of the appellant on medical ground in another matter being Cr. Appeal (SJ) No. 2189 of 2017 has been considered today on the report of the Medical Board of RIMS furnished in the said case through letter dated 19.07.2018 bearing no. 1656 at Flag-P. The Medical Board comprising Head of the Departments of Medicine, Orthopaedics, Cardiology, Radiology, Eye, Urology, Surgery and Psychiatry sat together and examined the appellant. On examination, it was found that he has been suffering from several diseases like Diabetes Mellitus Type II; Hypertension; Obesity (Post Sleeve Gastrectomy 2015); Coronary Artery Disease (Post 5 Stents); Depression, Diabetic Gastroparesis; Diabetic Nephropathy; Osteoarthritis and Difficulty in Micturition. As per the opinion of the Board he is required to be sent to higher center for treatment. 4. Learned counsel for the appellant has further given detail of his medical condition as described in the instant interlocutory application. He submits that appellant continues to be morbidly obese requiring the use of CPAP machine to sleep. He also has a long history of psychiatric bipolar disorder and is on heavy medication for the same. On account of his aliments, he needs super specialized attention including Bariatric Surgery; heart exercise tolerance testing; advanced urological testing; dental rehabilitation; psychiatric and neurological treatment. Most of these super specialized facilities are not available in Ranchi. He also has a long history of psychiatric bipolar disorder and is on heavy medication for the same. On account of his aliments, he needs super specialized attention including Bariatric Surgery; heart exercise tolerance testing; advanced urological testing; dental rehabilitation; psychiatric and neurological treatment. Most of these super specialized facilities are not available in Ranchi. At present his weight is about 173 Kg and he is only 5 feet 7½ inch tall. He is unable to walk more than 20 steps. He had also been treated at Mumbai by Dr. Muffazzal Lakdawala for Bariatric Surgery (Annexure-2 is in support). Appellant has all attendant problems on account of several ailments that he suffer and can hardly walk more than 20 paces at a time. He therefore needs proper medical treatment at higher center like Mumbai where he had earlier undergone surgery. Therefore, he may be granted provisional bail for 6 weeks. 5. Learned A.S.G.I. has not disputed the report of the Medical Board of RIMS which refers to the serious condition of the Appellant. He however submits that these complications can be attended in super specialty hospital like AIIMS where earlier this Court has been pleased to direct other convicts to be shifted there for treatment as per the reports of the RIMS authorities. 6. I have considered the submission of learned counsel for the parties on the prayer for provisional bail made by the appellant. The medical condition of the appellant has been described by the Medical Board, RIMS in its report dated 19.07.2018. The Board has opined to send the appellant to higher center. In the opinion of the Court, appellant should approach AIIMS for attending his medical condition and treatment as may be possible, as different diseases with which he is suffering from can adequately be dealt with under one umbrella at AIIMS. 7. Learned counsel for the Appellant has prayed for provisional bail so that appellant may make arrangement on his own for such treatment. He also proposed that appellant be released for treatment after obtaining firm date from the AIIMS authorities. 8. On consideration of these facts and circumstances, this Court considers it proper to allow provisional bail to the appellant for a period of 4 weeks from the date of his release. However, appellant shall first obtain a firm appointment date for checkup and admission at AIIMS. 8. On consideration of these facts and circumstances, this Court considers it proper to allow provisional bail to the appellant for a period of 4 weeks from the date of his release. However, appellant shall first obtain a firm appointment date for checkup and admission at AIIMS. On production of such certificate/ proof showing appointment at AIIMS, only then will learned Trial Court release the appellant for undertaking medical treatment for the period indicated above. Accordingly, let the appellant be released on provisional bail on furnishing bail bond of Rs. 25,000/- (Twenty Five Thousand) with two sureties of the like amount each to the satisfaction of learned Additional Judicial Commissioner-VII cum Special Judge (A.H.D.) CBI-1, Ranchi in connection with R.C. Case No. 68(A) of 1996. Appellant would not misuse the privilege of provisional bail during this period. He would also submit his passport, if any, before the learned Trial Court. Appellant shall surrender on or before the expiry of 4 weeks period. 9. As prayed for by learned counsel for the appellant, let a copy of the medical report dated 19.07.2018 of the RIMS Medical Board be furnished to him on payment of usual cost. 10. I.A. No. 6626 of 2018 stand disposed of. Further learned counsel for the appellant does not want to press I.A. No. 4487 of 2018 seeking suspension of sentence for the present. Accordingly I.A. No. 4487 of 2018 is dismissed as not pressed. Petition disposed of.