Research › Search › Judgment

J&K High Court · body

2023 DIGILAW 29 (JK)

Mohd. Yusuf Ganie v. UT of J&K

2023-02-08

RAJESH SEKHRI

body2023
JUDGMENT : Rajesh Sekhri, J. 1. Through the medium of present application, the applicant, Mohammad Yousuf Ganie, through his brother, Abdul Lateef Ganie, seeks his liberation on bail in FIR No. 66/2022 of Police Station, Beerwa Budgam, on medical grounds. 2. Case of the applicant is that he has been implicated in a false and frivolous case for the alleged commission of offences under Sections 376, 450 and 506 of the Indian Penal Code, 1860, and he is presently lodged in Central Jail, Srinagar. According to the applicant, the prosecution witnesses so far examined during the trial have not deposed anything incriminating against him. The applicant seeks his enlargement on bail on the ground that he is suffering from various aliments including Psoriasis Vulgaris, Grade-III Fatty Liver (severe) and Gastroenterological disorder, for which he has been suggested hospital admission and close follow up. According to the applicant, during his judicial custody, he has developed other life consuming diseases. 3. It is also case of the applicant that after examining the medical report furnished by the Senior Medical Officer, Central Jail, Srinagar and taking into account the gravity of his ailment, he was admitted to interim bail by the learned Trial Court of Additional District and Sessions Judge (FT), Budgam, vide order dated 05.11.2022, which came to be extended on 14.11.2022.However, the said interim medical bail was cancelled by the learned Trial Court on 26.12.2022 and the applicant was directed to surrender. It has been urged by the applicant that since he has been implicated in a false and frivolous case and so far there is no prosecution evidence against him, therefore, he is entitled to be released on bail as bail is the rule and jail is an exception. 4. Controverting the stand taken by the applicant, the respondent is affront with the contention that as per the report of the Senior Medical Officer, Central Jail, Srinagar, the applicant is suffering from acute skin infestation (Psoriasis Vulgaris). However, on the directions of this Court as well as on medical advice, the applicant/prisoner has been managed and treated at various hospitals viz. Police Hospital, Srinagar, Government JLNM Hospital, Srinagar, and Government SMHS, Hospital, Srinagar. However, on the directions of this Court as well as on medical advice, the applicant/prisoner has been managed and treated at various hospitals viz. Police Hospital, Srinagar, Government JLNM Hospital, Srinagar, and Government SMHS, Hospital, Srinagar. It is further contention of the respondent that the applicant is being frequently referred to the hospitals outside jail for specialized treatment and the recommended medical diet, prescribed medicines and other facilities admissible under rules are being provided to him. 5. Having heard rival contentions of the learned counsels and having appreciated the law governing the field, I have given my thoughtful consideration to the facts and circumstances attending the present case. 6. The applicant seeks his enlargement on bail on the predominant premise that since he is suffering from various ailments viz. Psoriasis Vulgaris, Grade-III Fatty Liver (severe) and Gastroenterological disorder, therefore, he needs close follow up and is entitled to be released on bail. 7. A perusal of the health status report of the applicant issued by Senior Medical Officer, Central Jail, Srinagar, addressed to the Senior Superintendent, Central Jail, Srinagar, reveals that on 08.07.2022, the applicant was referred to Police Hospital, Srinagar for Dermatological consultation. However, since the said facility was not available in the said hospital, the inmate/applicant was examined by a Consultant Physician and was advised medication, which was provided to him. Subsequently, on the directions of the learned Additional Sessions Judge (Fast Track), Budgam, the applicant was referred to Government JLNM Hospital, Rainawari, Srinagar, for Dermatological consultation on 29.07.2022 and his examination revealed that the applicant was suffering from “Psoriasis Vulgaris” for the last one year. He was advised medication which was provided to him. On 05.08.2022, the applicant was again referred to Government JLNM Hospital, Srinagar, for Dermatological follow up. He was examined by Consultant Dermatologist, who, after examination, advised medication for two weeks and USG abdomen, which revealed Grade III fatty liver. He was advised Gastroenterological consultation and on the same day, he was examined by Consultant Gastroenterologist, who advised medication, which was provided to him. Again, the applicant was referred to Government SMHS Hospital, Srinagar, on 19.09.2022, for Dermatological consultation, who, after examination, advised medication, which was provided to him. 8. He was advised Gastroenterological consultation and on the same day, he was examined by Consultant Gastroenterologist, who advised medication, which was provided to him. Again, the applicant was referred to Government SMHS Hospital, Srinagar, on 19.09.2022, for Dermatological consultation, who, after examination, advised medication, which was provided to him. 8. It is evident from the report of the Senior Medical Officer, Central Jail, Srinagar, that the applicant is under regular check-up and medical examination and has been referred to various hospitals outside jail premises on various occasions. The medications prescribed by the doctors are being provided to him. Therefore, there is nothing on record to suggest immediate release of the applicant on bail. Sight cannot be lost of the fact that the applicant is involved in a serious offence of rape under Section 376 of IPC and he was arrested in 2022 only. 9. In a similar fact situation, Hon'ble Supreme Court in Asha Ram vs. State of Rajasthan, 2017 (1) RCR Criminal 1016 SC, refused the concession of bail to the accused, who had difficulty in urination and was suffering with multiple ailments and as per the report of the Medical Board of AIIMS needed specialties including Neurology, Urology, Endocrinology, Cardiology, Rheumatology, Geriatric Medicine etc. for his treatment. Relevant extract of the judgment, for the facility of reference, reads as below: “The issue that boils down in respect of the medical condition of the petitioner is that he has difficulty in urination, emerging out of a condition described asprostatomegaly. We are of the view that the present condition is not such a serious condition, as would entail the transfer of the petitioner from one jail to another or to require him to be subjected to any kind of specialized treatment at some different station. The medical condition of the petitioner has been described as stable and as such there is no question of extending him the concession of bail on medical grounds.” 10. The offence committed by the accused, in the instant case, is highly deleterious having societal ramifications. There is cogent evidence available on record regarding prima facie culpability of the accused and trial of the case is still at the crucial stage of infancy and release of the petitioner at this stage may be prejudicial to the prosecution. 11. The offence committed by the accused, in the instant case, is highly deleterious having societal ramifications. There is cogent evidence available on record regarding prima facie culpability of the accused and trial of the case is still at the crucial stage of infancy and release of the petitioner at this stage may be prejudicial to the prosecution. 11. Having regard to what has been discussed above, the present application being devoid of merit is dismissed along with connected Crl. M. Dismissed.