Jammu & Kashmir High Court
Ramesh Chander vs Ut Of J&K on 12 April, 2022
Author: Mohan Lal
Bench: Mohan Lal
Sr.No. 91
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Bail App No. 17/2022
CrlM No. 78/2022
Reserved on: 11.04.2022
Pronounced on: 12.04.2022
Ramesh Chander ....Petitioner (s)
Through :- Mr. Jagpaul Singh, Advocate
V/s
UT of J&K ....Respondent(s)
Through :- Mr. Ravinder Gupta, AAG
Coram: HON'BLE MR. JUSTICE MOHAN LAL, JUDGE
ORDER
12.04.2022
01. Petitioner, through the medium of instant bail application, seeks to be admitted to bail in a case pending in the Court of learned Principal Sessions Judge, Samba, arising out of FIR No. 110/2010, registered at Police Station Samba for the commission of offences punishable under Sections 302, 307, 34 RPC and 3/25 Arms Act, who is lying in judicial custody in Central Jail, Kot Bhalwal, Jammu on the grounds that he is an old aged man of moiré than 70 years of age and is suffering from serious heart ailments and therefore, requires proper medical care and treatment and in the jail, it is not possible to get proper medical treatment.
02. It is averred that an application for grant of bail has been moved by the petitioner before the learned Principal Sessions Judge, 2 Bail App No. 17/2022 Samba, who vide order dated 24.09.2021 dismissed the application on the grounds that it is the duty of the Superintendent of the Jail, where an inmate is detained to look after his/her health problems; that criminal challan titled "State vs Hardyal Sharma and Ors." U/S 302, 307, 34 RPC and 3/25 Arms Act, arising out of FIR No. 110/2010 is pending disposal before the learned Principal Sessions Judge, Samba in which total three accused; that the other two accused are Hardayal Sharma and Gourav Sharma; that one of the accused namely Hardayal Sharma died in jail and other one was granted bail being a juvenile at the time of the commission of the alleged offence; that the applicant is in custody for the last 12 years.
03. Objections have not been filed by learned counsel for the respondent despite number of opportunities granted.
04. Heard and considered.
05. Pursuant to order dated 29.01.2022, medical record of the petitioner/accused was called for from Superintendent Central Jail, Kot Bhalwal, Jammu. In compliance to the aforesaid order, Incharge Medical Officer, Central Bail, Kot Bhalwal, Jammu submitted a medical report of the petitioner/accused wherein it is stated as under:-
"that the above jail inmate is known case of HYPERTENSION, 2:1 HEART BLOCK (MOBITZ TYPE ii) and APD on treatment from SSH, Jammu since 2018 and from GMCH Kathua since December 2020; in 2018, he was also advised for PACE MAKER, but the patient was reluctant for that; he usually complaints of ATYPICAL CHEST PAIN, Dysponea on exertion and palpitations, for that, he was also prescribed required medicines; moreover, he was referred to SSH, Jammu many times in CARDOLOGY 3 Bail App No. 17/2022 OPD at SSH Jammu in 2021, where consultant examined him, advised ECG, X-RAYS chest and HOLTER test; he has been again advised for PPI (PERMANENT PACE-MAKER IMPANTATION), however, he is being provided all the necessary treatment in the jail; that on 11.11.2021, he was referred to SSH Jammu where he was advised HOLTER Test, which was done on 01.02.2022 and again advised for PPI; that on 13.08.2021 he slipped in the bathroom and get injured his right shoulder, he was immediately referred to GMCH Jammu in Emergency, where he was examined by the consultant, advised x- rays and prescribed required medicines and shoulder sling".
In support of the application, learned counsel for the petitioner has annexed the medical certificates of the petitioner/accused.
06. Having regard to the facts and circumstances of the case and the medical record of the petitioner/accused annexed with the application, it can be presumed that the petitioner/accused is suffering from serious heart ailments and therefore, requires proper medical care and treatment and in the jail it is not possible to get proper medical treatment.
07. Without commenting upon the merits of the case, at this stage, the petitioner/accused has carved out a case for interim bail in his favour for proper medical treatment. Therefore, the petitioner/accused is admitted on interim bail for a period of three (3) months from today i.e. upto 12.07.2022 provided he furnishes two sureties bonds in the sum of Rs. 1.00 lakh (rupees one lakh) each before the Registrar Judicial of this Court, out of which one surety must be a government employee, both the sureties who will undertake the responsibility to produce the petitioner/accused before the Superintendent Central Jail, Kot Bhalwal, Jammu on due date with further direction that the 4 Bail App No. 17/2022 petitioner/accused shall furnish his personal bond in the like amount before the Superintendent Central Jail, Kot Bhalwal, Jammu, with the following conditions:- (i) that petitioner/accused shall appear before the trial court personally or through his counsel on the dates fixed in the trial court; (ii) that petitioner/accused shall not leave the territorial jurisdiction of UT of J&K without seeking prior permission from this Court; and (iii) that petitioner/accused shall not tamper with the prosecution evidence or threaten any prosecution witnesses from deposing before the trial Court.
08. List on 12.07.2022.
09. A copy of this order be sent to (i) trial court and (ii) Superintendent Central Jail, Kot Bhalwal, Jammu for information and compliance (Mohan Lal) Judge Jammu:
12.04.2022 Vijay