Rajasthan High Court - Jaipur
Moizuddin Khan S/O Illiasudding Khan vs State Of Rajasthan Through Pp on 4 February, 2019
Author: Pankaj Bhandari
Bench: Pankaj Bhandari
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Criminal Miscellaneous IIIrd (Interim) Bail No. 124/2019
Moizuddin Khan S/o Illiasudding Khan, Aged About 58 Years, R/o
A-504, Poonam Plaza, Opp. Narendra Park, Mira Road, East
Mumbai-401107 (At Present In Central Jail, Jaipur)
----Petitioner
Versus
State Of Rajasthan Through Pp, Raj.
----Respondent
For Petitioner(s) : Mr. Arvind Kumar Gupta For State : Mr. Sudesh Saini, PP.
For Complainant(s) : Mr. Achintya Kaushik HON'BLE MR. JUSTICE PANKAJ BHANDARI Order 04/02/2019
1. Petitioner has filed this third interim bail application under Section 439 of Cr.P.C.
2. F.I.R. No. 93/2017 was registered at Police Station Vidhyakpuri, Jaipur City (South) for offence under Sections 420, 406, 467, 468, 168, 471, 120-B of I.P.C. and challan has been filed under Sections 420, 467, 468, 471 and 120-B of I.P.C.
3. Petitioner has moved this third interim bail application seeking interim bail for undergoing heart transplant at Asian Heart Hospital, Mumbai.
4. It is contended by counsel for the petitioner that Jail Authorities have mentioned that petitioner is a patient of Hypertension, Type 2 Diabetes, Hepatitis B positive, Coronary Artery disease, Acute Coronary Syndrome and has multiple (Downloaded on 06/06/2021 at 12:00:13 AM) (2 of 3) [CRLMB-124/2019] calcified and soft plaques causing luminal irregularity and verifying degrees of diameter stenosis more than 90 percent stenosis with Post Coronary Artery Bypass Graft. It is contended that petitioner approached the Apex Court and Apex Court vide order dated 25.10.2018, directed the Authorities to give the best treatment possible in his category in such hospital as determined by the Authorities.
5. It is contended that the only hospital which is conducting heart transplant is Asian Heart Hospital, Mumbai.
6. It is contended that inspite of the order of the Court below dated 20.12.2018, the Authorities are not taking any steps to take the petitioner to Mumbai and have rather orally refused.
7. Counsel for the complainant has opposed the third interim bail application. His contention is that the Court below has already granted the relief sought for by the petitioner and has directed the Jail Authorities to get the petitioner treated at Asian Heart Hospital, Mumbai at the cost of accused. It is contended that same relief is being sought for by the petitioner before this Court.
8. I have considered the contentions.
9. Bail application of petitioner was rejected by the Court below vide order dated 20.12.2018 and Jail Authorities were directed to take the petitioner to Asian Heart Hospital, Mumbai for treatment at his cost. More than 45 days have lapsed since passing of the order dated 20.12.2018 and petitioner is still deprived of treatment.
10. In view of the same, I deem it proper to allow the present (Downloaded on 06/06/2021 at 12:00:13 AM) (3 of 3) [CRLMB-124/2019] third interim bail application, subject to petitioner depositing his passport with the Jail Authorities.
11. This third interim bail application is accordingly allowed and it is directed that accused petitioner shall be released on interim bail for a period of three months from the date of release. He should surrender on 06.05.2019 before the concerned Jail Superintendent. Petitioner is granted interim bail provided he furnishes a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh only) together with two sureties in the sum of Rs.50,000/- (Rupees Fifty Thousand only) each to the satisfaction of the learned trial Court with an undertaking that he would surrender before the Superintendent Central Jail, Jaipur on 06.05.2019.
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