Jagannath Mishra @ Dr. Jagarnath Mishra v. State of Jharkhand
2018-02-16
APARESH KUMAR SINGH
body2018
DigiLaw.ai
ORDER : Heard learned counsel for the appellant and learned ASGI for CBI on the prayer for provisions bail made through 1A No. 1248 of 2018. 2. Appellant has been convicted for the offence under Section 120-B read with Sections 409. 420, 467, 468, 471 and 477-A of the Indian Penal Code and has been sentenced to undergo Rigorous Imprisonment for 5 years and fine of Rs.5,00.000/-, in default of payment of fine to undergo Simple Imprisonment for 1 year in connection with R.C. Case No. 68 (A) of 1996. He has further been convicted for the offence under Section 13(2) of Prevention of Corruption Act and has been sentenced to undergo Rigorous Imprisonment for 5 years and fine of Rs.5.00.000/-, in default of payment of fine to undergo Simple Imprisonment for 1 year. Learned counsel for the appellant submits that the appellant is 83 years of age and has been suffering from serious ailments. 3. Earlier on 9th February, 2018, the prayer for provisional bail was pressed on the grounds of several ailments that the appellant has been suffering over a period of time, which required treatment at specialized Hospital and that he was required to undergo chemotherapy on 15th February, 2018 at Medanta Hospital, Gurgaon. A report of the status of the health of the appellant was called for from the RIMS Authorities where appellant has been shifted from Jail. The report of RIMS Authorities as contained in letter No. 354 dated 12th February, 2018 has been furnished in a sealed cover. The Medical Superintendent, RIMS has enclosed a report of Assistant Professor, Department of Cardiology, RIMSM, Ranchi, as per which the appellant has been diagnosed as a case of multiple myeloma on treatment, ischaemic heart disease, post CABG status, BPH, B/L knee pain, bleeding per rectum recurrent respiratory tract infection and urinary tract infection. He is having stable cardiac status at present. For myeloma management. reference to oncology department was made. Oncologist advise is to be followed up with AIIMS/higher centre as hematology department is not available at RIMS. The appellant was examined by a Medical Board on 10th February, 2018, who have taken note of the ailments with which appellant is suffering and also observed that hematology and medical oncology department is unavailable at RIMS. They have recommended the appellant-patient for treatment of AIIMS, New Delhi/Higher Centre. 4.
The appellant was examined by a Medical Board on 10th February, 2018, who have taken note of the ailments with which appellant is suffering and also observed that hematology and medical oncology department is unavailable at RIMS. They have recommended the appellant-patient for treatment of AIIMS, New Delhi/Higher Centre. 4. Learned counsel for the appellant has made copious reference to the medical reports of the appellant enclosed to IA which, according to him clearly established that he is suffering from the aforesaid diseases. The medical report of Medanta Hospital dated 19th February, 2010 (Annexure-I), discharge summary along with medical report dated 7th November, 2012 (Annexure-2), discharge summary along with medical report dated 10th June, 2013 of Udayan Hospital (A Multi Speciality Hospital and Trauma Centre), Patna (Annexure-3) have been enclosed. Further reports of discharge summary dated 27th August, 2013 from Medanta Hospital (Annexure-4). Medical prescription of different dates of the year 2013 from Medanta Hospital, Gurugaon (Annexure-5 Series) have been enclosed. 5. According to the appellant after he was convicted in R.C. Case No. 20 (A) of 1996 and was taken to judicial custody, on the ground of his critical and deteriorating health condition as found by Jail Doctor, he was earlier also referred to RIMS on 30th September, 2013. This appellant was granted provisional bail for three months by order dated 25th October. 2013 passed in Cr. Appeal (SJ) No. 838 of2013 by this Court considering the necessity of further treatment of the appellant by keeping him under close medical monitoring and constant medical surveillance of specialized hospital with super specialty facility. The period of his provisional bail was extended by Court’s order in the said criminal appeal on the grounds of his health. After surrender on the expiry of the period of provisional bail, this Court by order dated 6th April, 2015 passed in the said criminal appeal granted bail to the appellant on merits of the case (Annexure-8). However, multiple Myeloma (a type of bone marrow cancer) has aggravated since the year 2016 and since then he was on chemotherapy administered sometimes in a month and on occasions, multiple times in a month at the aforesaid Medanta Hospital, Gurgaon, Haryana. The appellant has got severely weakened due to prolonged chemotherapy. Certificates dated 12th June, 2017, 8th August, 2017, 19th December, 2017 issued by Dr. Ashok Kr.
The appellant has got severely weakened due to prolonged chemotherapy. Certificates dated 12th June, 2017, 8th August, 2017, 19th December, 2017 issued by Dr. Ashok Kr. Vaidh, MD, OM, Chairman, Medical Oncology of Haematalogy, Medanta Cancer Institute, Medanta, Gurgaon Haryana have been enclosed as Annexure-9 Series. He has been under treatment for cardiological disease by Dr. R.R. Kalsiwal, Chairman, Clinical and Preventive Cardiology, Medanta Medicity, Gurgaon, Haryana as per certificate at Annexure-l 0 dated 18th December, 2017. As per certificate of discharge summary dated 18th January, 2018, when the appellant was admitted for chemotherapy, the doctors had advised him to undergo chemotherapy on 15th February, 2018. That was the reason for the appellant to press the provisional bail on the previous date. 6. Learned counsel for the appellant submits that after the report of RIMS Authorities and in view of unimpeachable materials enclosed to the instant 1A about his critical medical condition, the appellant may be enlarged on provisional bail to undergo treatment at higher center in Delhi and especially chemotherapy at Medanta Medicity, Gurgaon, Haryana. Dose of chemotherapy are to be taken at required predetermined intervals and long gap may severely damage his health condition. If the appellant is enlarged on provisional bail, he would be shifted to Delhi to undertake emergency treatment including chemotherapy for the medical condition which have also been reported by RIMS doctors’. Since RIMS does not have the department of Haematology or Oncology, there is no reason why the appellant should not be permitted to avail of necessary treatment at higher centre in Delhi for the aforesaid disease at the earliest. 7. Learned ASGI representing the CBI submits that the medical condition reported by RIMS Authorities and as evidenced from the enclosed Annexures to the instant IA are within the domain of experts over which he cannot make any comment. However, appellant should have informed about the next date of chemotherapy after 15th February, 2018 in view of the urgency shown. 8. I have considered the submission of learned counsel for the appellant and CBI and also taken note of the relevant materials documents in support of the medical condition of the appellant. I have also taken note of the report of RIMS Authorities in relation to the medical status of the appellant.
8. I have considered the submission of learned counsel for the appellant and CBI and also taken note of the relevant materials documents in support of the medical condition of the appellant. I have also taken note of the report of RIMS Authorities in relation to the medical status of the appellant. Considering the report of the doctors including RIMS Authorities and that appellant has been undergoing chemotherapy at required intervals for multiple Myeloma (a type of bone marrow cancer), it would be inadvisable to delay the specialized treatment of the appellant. Though, the scheduled date earlier fixed on 18th February, 2018 by the doctor at Medanta, Gurgaon, Haryana i.e., 15th February, 2018 has expired yesterday, the requirement to undergo the next dose of chemotherapy should not be delayed any further. 9. Considering all these facts and circumstances and that earlier also this Court had been pleased to grant provisional bail to this appellant in Cr. Appeal (SJ) No. 838 of 2013 by order dated 25th October, 2013 on medical grounds, I am inclined to enlarge the above-named appellant on provisional bail for a period of 4 weeks, during pendency of appeal, on furnishing bail bond of Rs. 25,000/- with two sureties of the like amount each to the satisfaction of Additional Judicial Commissioner-VII-cum-Special Judge, I, CBI (AHD), Ranchi in connection with R.C. Case No. 68(A) of 1996. 10. The appellant should surrender on or before expiry of 4 weeks. 11. Accordingly, the instant IA stands disposed of. 12. Let the matter appear on 16th March, 2018 as an unfixed case. Appeal disposed of.