SHIYARA Vs. STATE

JUDGEMENT

(1.) CRL M. No. 130/2004 in CRL. A. No. 563/2004: 1. Interim bail is being sought on the ground that a four-year-old child of the appellant is suffering from heart ailment on account of a hole in the heart by birth for which he requires treatment. He was receiving treatment at G.B. Pant Hospital in that connection and was required to be admitted as indoor patient on 29th January, 2004 to undergo a heart surgery for the said ailment. The application was taken up on earlier occasions also was adjourned awaiting admission of child in the hospital. Learned Counsel for the appellant points out that the child is yet to be admitted as before that some investigations including pre-anesthetical checkup had to be undertaken which was got done. Relevant papers in that regard are before me for perusal. Learned Counsel for the appellant has produced a paper showing estimated expenses for different kinds of heart and lung surgeries. It is submitted that to facilitate heart surgery of the child expenses required therefor are to be arranged and deposited with the hospital. Learned APP opposing the applications refers to a certificate from one Dr. Vijay Trechan, Professor of Cardiology, G.B. Pant Hospital stating that even though the child is suffering from the said ailment there is no urgency/ emergency for surgery and the same can be deferred. Even if there is no emergency of the same which would necessitate immediate heart surgery, there being no dispute to the fact that the child is suffering from the said heart ailment and requires proper treatment and if the appellant wants the child to be treated. For the same at the earliest her confinement in jail should not be allowed to come in the way. The application is in circumstances allowed and the sentence of imprisonment inflicted on the appellant is temporarily suspended and she is admitted to interim bail for a period of 90 days on her executing personal bond for Rs. 20,000/- with one surety in the like amount to the satisfaction of the learned Trial Court subject to the condition that in the event of the child being not got admitted and heart surgery being not conducted within a reasonable period it would be open to the respondent State to apply for cancellation of her interim bail. On her release, the appellant shall inform the SHO, PS Kamla Market, New Delhi about her address where she would be staying during the period of interim bail.

(2.) APPLICATION is disposed of. APPLICATION disposed of.