Madhya Pradesh High Court
Deepak Taneja vs State Of M.P on 10 July, 2015
Cr.A. No. 310/2013
10.07.2015
Shri Jitendra Tyagi, Advocate for the appellant no.1 -
Deepak Taneja
Shri F.A. Shah, Advocate for the appellant no. 2 - Monu
alias Bharat Poply.
Ms Sudha Shrivastava, Panel Lawyer for the
respondent/State.
I.A. No. 3812/15 is taken up and considered. The said I.A. is filed for suspension of remaining part of sentence on the ground of ill health of the appellant no. 1 - Deepak Taneja.
Report produced by the State counsel in the case is that appellant no.1 is suffering from stone in kidney for which treatment is underway and the present condition of appellant no.1 is normal.
However, the learned counsel for the appellant no.1 controverting the above said opinion states that physical condition of the appellant no.1 is not normal.
There is no reason for this Court to disbelieve the report submitted by the medical officer of the Central Jail, Gwalior. However since anxiety has been expressed by the counsel for appellant no.1 about the health of the appellant no.1 being serious, it is hereby directed that Superintendent of Central Cr.A. No. 310/2013 Jail, Gwalior shall personally ensure proper treatment of the appellant no.1 including subjecting him to operation, if required and submit report in that regard to the Registry of this Court within 15 days.
With the above said directions, I.A. No. 3812/15 stands disposed of.
Also heard on I.A. No. 2272/15, which is an application for suspension of sentence of appellant no. 2 - Monu to enable him to look after his mother who is stated to be suffering from cancer.
On requisition of report from the jail authorities, the State counsel has submitted reported dated 05.05.2015 which reflects that the mother of appellant no.1 has been advised to undergo operation and there is no major male member in the family to look after the mother. The report further discloses that biopsy has not been done.
Learned counsel for the appellant no.2 after seeking consent from the wife of the appellant , who is present in the Court has submitted that the said wife of the appellant no.2 has given consent for conduction of biopsy.
It is therefore directed that under any of the beneficial schemes prevailing for cancer patients, the District Magistrate of Gwalior is directed to ensure that the mother of appellant Cr.A. No. 310/2013 no.2 is subjected to proper medical examination to ascertain as to whether biopsy is required to be done or not. If the medical expert opines conduction of biopsy, then the same be done at the earliest and report in that regard be submitted before this Court after taking consent of the patient as well as from her blood relations in accordance with law Copy of this order be provided to the State counsel. List the case in the week commencing 27.07.2015.
(Sheel Nagu) (B.D. Rathi)
Judge Judge
sh/-