Jharkhand High Court
Laxman Ram vs The State Of Jharkhand on 20 December, 2024
Author: Sujit Narayan Prasad
Bench: Sujit Narayan Prasad, Navneet Kumar
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Cr. Appeal (D.B.) No. 2052 of 2017
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Laxman Ram, Son of Late Jawahir Ram, Resident of Village-
Khoridih, P.O. & P.S.-Meral, District-Garhwa ... ... Appellant
Versus
The State of Jharkhand ... ... Respondent
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CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR
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For the Appellant : Mr. Anurag Kashyap, Sr. Advocate
For the State : Mrs. Vandana Bharti, APP
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th
Order No. 18 / Dated: 20 December, 2024
IA No. 12830 of 2024
The instant interlocutory application has been filed for provisional bail in connection with Session Trial No. 329 of 2008 arising out of Meral P.S. Case No. 44/2007, corresponding to G.R. Case No. 615/2007 against the judgment of conviction dated 21.06.2017 and order of sentence dated 30.06.2017 passed by learned Additional Session Judge- VI, Garhwa whereby and whereunder the appellant has been convicted under Section 302 & 323 of IPC and sentenced to undergo R.I. for life with a fine of Rs. 10,000/- and compensation amount of Rs. 10,000/- under Section 302 of IPC and also S.I. for the period of one year under Section 323 of the IPC and in default of payment of fine, the appellant was also directed to serve S.I. for one year. Both the sentences were directed to run concurrently.
2. This interlocutory application has been filed for suspension of sentence provisionally so that the appellant may come out from judicial custody for getting operation in his left eye, since, he is suffering from cataract.
3. It has been contended on behalf of the appellant that he is a man of 75 years of age and the cataract in the left eye is now matured and as such the urgent operation is required for removal of the cataract.
4. It has been contended by referring the order dated 06th June, 2022 that right eye was already been operated upon while the appellant was in custody on the basis of the direction passed by this Court and at that time, his left eye was also shown to be suffering from cataract and the Doctor had advised that within three months, the said eye is also to be operated upon but according to the appellant, no endeavor has been taken by the Doctor, even in spite of lapse of more than one and half years and therefore the present interlocutory application has been filed.
5. This Court has heard the learned Sr. counsel for the appellant on 09.12.2024 and called for a report from the Jail Authority based upon the medical examination of the appellant by sending him from the government hospital. The authority on the basis of the said order dated 09.12.2024 has carried the appellant for a re-medical examination wherein the report was submitted on 16.12.2024 based upon the test of vitals of the body, the Doctor has found that the patient is not clinically fit for operation. The copy of the said report dated 16.12.2024 enclosed with the pathological test report have been appended.
6. This Court after perusing the said reports, as also contents, opinion of the Doctor, as also regarding the infection and RFT found to be deranged and as such has passed order on 18/12/2024. The aforesaid local Doctor of the concerned District for the better treatment has referred the appellant to RIMS, Ranchi.
7. This Court considering the aforesaid report has passed order on 18th December, 2024 directing the Superintendent of Central Jail, Medininagar, Palamau to forthwith make all arrangements by taking care all the security measures to shift the appellant to RIMS, Ranchi as per the recommendations already given as it would be evident from the communication dated 17.12.2024.
8. The appellant has been carried to the RIMS, Ranchi in pursuant to the order dated 18th December, 2024. The report was placed dated 19.12.2024 issued under the signature of Medical Superintendent, RIMS, Ranchi, based upon opinion of the treating Doctor, namely, Sunil Kumar, Addl. Professor and HOD, Regional Institute of Ophthalmology, RIMS, Ranchi. The Doctor has found the appellant fit to be operated upon on the basis that the left eye cataract is matured. Therefore, the opinion has been given that the left eye cataract surgery has been planned for tomorrow i.e. today, 20.12.2024.
9. Learned counsel appearing for the appellant has submitted that on earlier occasion also, the appellant has come from the judicial custody, 2 Cr. Appeal (D.B.) No. 2052 of 2017 provisionally by suspending the sentence, provisionally and thereafter he has surrendered on the due date as per the direction passed by this Court vide order dated 11.04.2022.
10. Learned counsel appearing for the appellant based upon the conditions of the appellant has submitted that since the appellant is to be operated upon today of his left eye and as such he being the aged of 75 years and as such the care is to be given after the operation even the same is required in the performance of the routine work, since, the requirement would be to take strict care in order to save from any type of infection.
11. The learned Sr. counsel based upon the aforesaid ground has submitted that the sentence of the appellant may be provisionally suspended at least for a period of one month so that all post operational issues may be set at rest.
12. It has been submitted that in the jail, it will not comfortably be possible to take care all nursing which is required post-operational pre- caution.
13. Learned APP appearing for the State has submitted based upon the medical reports that the Court may pass appropriate order.
14. We have heard the learned counsel for the parties and gone through the various medical reports dated 16.12.2024, 18.12.2024 & 19.12.2024.
15. The fact about the operation is not in dispute. This Court needs to refer herein that we having trust upon the local doctor, had passed order directing the Jail Superintendent to get the appellant medically examined for his operation in view of the fact that in the earlier report, the advice was given for the removal of cataract within three months but as it would appear from the reports given by the local doctor placed in the government hospital that they have not found the appellant clinically fit. Although, the said opinion is based upon the reports i.e. vitals of the appellant.
16. However, when he has been referred to the RIMS, Ranchi then immediately in a gap of five days, the Doctor of RIMS, Ranchi has found clinically fit. We are not making any comment upon the report furnished by the doctor placed in the government hospital at 3 Cr. Appeal (D.B.) No. 2052 of 2017 Medininagar, Palamau but thing is that when a person concerned is languishing in judicial custody, is facing any physical aliment then the proper care is to be given by taking all pre-cautionary measures so that the said inmates who is in judicial custody may not be suffered which will be said to be irreparable. The fact which has come in the mind that within the five days, the RIMS, Ranchi, Doctor has given its opinion for operation which is to be operated today itself. Then, this Court considering the ground to be genuine since it has been submitted that the post-operational pre-caution is required in a case of cataract removal in order to avoid any type of infection leading to loss of eye-sight.
17. This Court considering the aforesaid fact is of the view that the present application needs to be allowed.
18. Accordingly, I.A. No. 12830 of 2024 stands allowed and disposed of.
19. In consequence thereof, the appellant is directed to be released on provisional bail for a period of one month by suspending the sentence from today, on furnishing bail bond of Rs.10,000/- (Ten Thousand only) with two sureties of the like amount each to the satisfaction of learned Additional Session Judge-VI, Garhwa in Session Trial No. 329 of 2008 arising out of Meral P.S. Case No. 44/2007, corresponding to G.R. Case No. 615/2007, subject to the condition that one of the bailer will be his son.
20. The appellant is directed to surrender before the court below on or before 20th January, 2025 and the surrender certificate be filed before this Court by way of supplementary affidavit on or before the next date of listing.
21. Let this matter be listed on 23rd January, 2025.
22. Let this order be communicated forthwith to the Court concerned through FAX.
23. Let all the reports dated 16.12.2024, 18.12.2024 & 19.12.2024. be kept on record.
(Sujit Narayan Prasad, J.) (Navneet Kumar, J.) Basant/ S.Das 4 Cr. Appeal (D.B.) No. 2052 of 2017