OM PRAKASH Vs. STATE

JUDGEMENT

(1.) I have heard the learned counsel for the parties. In this application the prayer for admitting the applicant to a short-term bail has been pressed only on compassionate grounds. It is stated and supported by a medical certificate that the wife of the applicant is suffering from Tuberculosis and is undergoing treatment in the hospital as an indoor patient. This certificate is dated 17-10-1975. The prosecution has in the counter affidavit filed a certificate of the same doctor dated 25-10-1975. In the said certificate it is no doubt admit­ted that she is undergoing treatment in the hospital as an indoor patient and is likely to be discharged soon as her con­dition is improving. However, the fact remains that the wife of the applicant is suffering from a chronic disease and she deserves a treatment. The learned coun­sel for the applicant has placed reliance on a case Babu Lals.

(2.) THE State of West Bengal(1) and has referred the observa­tions made by the Supreme Court with respect to release of person detained in prison. The Supreme Court has made observations laying down certain guide­lines. No doubt those guidelines were made for appropriate Government for exercise of discretion. The observations clearly indicate that humanitarian approach has to be shown to the persons who are detained in Jail for a consider­ably long time without being put to pro­per trial. It is true that these observa­tions have also been made in connection with a case under Maintenance of Inter­nal Security Act, but nonetheless the observations provide a guideline to the courts. On giving my anxious considera­tion to the arguments advanced at the Bar and in the light of the observations made by Hon'ble Supreme Court I am inclined to admit the applicant to a short-term bail for a period of two months to enable him to provide treatment to his wife. I accordingly direct that the appli­cant shall be released on his furnishing adequate sureties and a personal bond of like amount to the satisfaction of the thief Judicial Magistrate, Sitapur. The applicant will be directed not to leave the district of Sitapur during this period without prior permission of the Chief Judicial Magistrate and will also surren­der before the Magistrate concerned after the expiry of the term of two months which shall commence to run from the date of the release of the applicant from jail.