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2023 DIGILAW 137 (UTT)

Kamal Bhatt v. State of Uttarakhand

2023-01-20

RAVINDRA MAITHANI

body2023
JUDGMENT Ravindra Maithani, J. - Applicant Kamal Bhatt is in judicial custody in FIR No.293 of 2021, under Sections 8/20/60 of the Narcotic Drugs & Psychotropic Substances, 1985, Police Station Kathgodam, District Nainital. He has sought short term bail on the ground of his illness. 2. Heard learned counsel for the parties and perused the record. Learned counsel for the applicant appeared through video conferencing. 3. It is argued by learned counsel for the applicant that earlier also, the applicant was granted short term bail. He is a heart patient. Last time, his time extension application was rejected. He is in custody, unwell and have been shifted to District Jail, Haridwar. He is not getting the kind of treatment, as prescribed. 4. Learned State Counsel was required to get instructions. Today, learned State Counsel gives a statement that, in fact, the applicant is unwell. He has been prescribed for Echocardiography, which is still pending. He would submit that as per report, as and when the Guard would be available, the applicant would be sent for Echocardiography. 5. Medical treatment cannot wait for arrival of Guards. Guards should, in fact, run fast in such cases. 6. Without adverting further on any aspect of the matter, purely on the humanitarian ground, this Court is of the view that, the applicant may be granted short term bail for a period of six weeks from the date of his release. 6. Short term bail application is allowed. 7. Accordingly, the applicant shall be enlarged on short term bail only for a period of six weeks from the date of his release, on his executing a personal bond and furnishing two reliable sureties, each of the like amount to the satisfaction of the Court concerned. It is further directed that, on expiry of six weeks, the applicant shall surrender before the court concerned and intimation to this effect shall also be given to this Court. 8. List the regular bail application on 29.03.2023.