CALLISTUS ELOCHUKWU OBAH Vs. COUSTOM

JUDGEMENT

(1.) This is a petition under Section 439 of the Code of Criminal Procedure for release of the petitioner on bail for a period of four months on medical ground. By my order dated 23rd April. 1993 I had directed the Medical Suptd., Central Jail that the petitioner should be got examined by a specialist of Din Dayal Upadhyay Hospital and a report of the specialist from the said hospital be submitted to this Court. The report dated 2nd May. 1993 from the Medical Officer, Central Jail. Tihar has been received and it has been stated therein that the petitioner was sent to a specialist of D.D.U. Hospital and the surgeon had opined that diagnosed case of Renal calculus Rt (Kidney stone) and advised for specialised investigation like blood Urea and IVP to measure the position of stone and functioning capacity of Kidney.T It has also been stated in this report that the eye specialist has advised the petitioner surgical operation and has called him on Friday for needful.

(2.) Mr. Sud, the learned Counsel appearing on behalf of the petitioner drew my attention to the medical report furnished by the Medical Officer. Central Jail and submitted at keeping in view the seriousness of the illness of the petitioner he should be released on bail for a period of 3 months for getting proper treatment from a private doctor or private nursing home. He also submitted that the passport of the petitioner has already been confiscated and there is no likelihood of the petitioner jumping the bail.

(3.) Mr. Sethi, the learned Counsel for the respondent has strenously opposed the petition. He submitted that the petitioner is a foreigner and the allegations against him are of very serious nature in as much as heroin weighing 3.3 Kgs. Of International value 3.3 crores is alleged to have been recovered from him. He contended that there was likelihood of his jumping bail. The learned Counsel however submitted that the petitioner may be permitted to get himself treated in any Government hospital or in any private nursing home of his choice while remaining in custody. In support of his contention he has placed reliance on a Division Bench ORDER of this Court in the case of Shri Robert Lendi v. The Collector of Custom. I have given my thoughtful consideration to the submissions made by the learned Counsel for the parties and I am of the view that the petitioner is not entitled to bail in view of the gravity of the offence and besides the petitioner being a foreign national has no fixed residence in India and there is likelihood of his jumping the bail. However, in view of the statement of the learned Counsel for the respondent, I direct that the petitioner may get himself treated in any private nursing home or in any Government hospital of his choice while in custody. I further direct that till the petitioner tells about his decision to be treated in any Government hospital or private nursing home, the jail authorities shall make arrangements for his proper treatment in the jail hospital or in Din Dayal Upadhyaya Hospital, Delhi. With this observation, the petition stands disposed of. Petition dismissed with liberty to petitioner to get treatment from doctor of his choice while incustody.