BABU RAM ALIAS FAUJI Vs. STATE

JUDGEMENT

(1.) CRL. M. B. NO. 1528/2008 this is an application by the applicant/appellant for suspension of his sentence and his release on bail.

(2.) THE applicant has contended that he has already undergone incarceration of seven years and the appeal of the applicant is likely to take a long time for disposal. It is further contended that he served the country as an Army man for more than 30 years and he is a married person and his wife is a heart patient. She is also suffering from arthritis and is bed-ridden. The daughter of the applicant is also stated to be a handicapped person and is of marriageable age. The applicant has also contended that his sentence was suspended and he was released on interim bail pursuant to order dated 4th April, 2005 in Crl. M. B. No. 118 of 2005 for a period of four months. The applicant is stated to have surrendered after the expiry of the said period of interim bail. The applicant is also stated to be a heart patient and pursuant to his angiography report he had filed another application being Crl. M. B. No. 188/2006. By order dated 16th february, 2006 his sentence was suspended and he was released on interim bail for a period of six months. His interim suspension of sentence and bail was further extended by order dated 11th August, 2006 for another period of six months till 19th February, 2007. In Crl. M. B. No. 172/2007 which was allowed by order dated 19th February, 2007 his period of interim bail was further extended uptil 19th August, 2007. The applicant has given further details of extension of his interim bail from time to time and he was on interim bail till 28th november, 2008.

(3.) IT has also been contended on behalf of applicant that he is not keeping good health in jail and is suffering from various heart ailments. During the period of his interim bail his condition had become critical. It is stated that he was hospitalized in Hindu Rao Hospital on 16th May, 2005 and the angiography was conducted on 18th November, 2005. The applicant is stated to be suffering from coronary artery with blockage in LAD artery, px 85% distal plaquing, LCX artery, px 100% Stenosip, RCN, mid 100% distally retrograde filling vig L. According to his medical report he is not yet fit for thoracic surgery, however, he has to be treated in conservative manner. The applicant has contended, in the facts and circumstances, that his condition is very critical and he is not responding to the medicines and is virtually lying on death bed and is counting his last days.