G. N. SAIBABA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By filing this application under Sec. 389 of the Code of Criminal Procedure, applicant/original accused no.6, who is convicted by learned Sessions Judge, Gadchiroli by his judgment and order dtd. 7/3/2017, seeks suspension of sentence and release on bail. The prayer clause of the application reads thus :

(2.) By the aforesaid judgment, applicant is found guilty for the offences punishable under Ss. 13, 18, 20, 38 and 39 of the Unlawful Activities (Prevention) Act, 1967 read with Sec. 120B of Indian Penal Code and is sentenced under Sec. 13 read with Sec. 120B of Indian Penal Code for 7 years' rigorous imprisonment with fine of Rs.1000.00, under Sec. 18 read with Sec. 120B of Indian Penal Code for life imprisonment with fine of Rs.1000.00, under Sec. 20 read with Sec. 120B of Indian Penal Code for life imprisonment with fine of Rs.1000.00, under Sec. 38 read with Sec. 120B of Indian Penal Code for 10 years' rigorous imprisonment with fine of Rs.1000.00, under Sec. 39 read with Sec. 120B of Indian Penal Code for 7 years' rigorous imprisonment with fine of Rs.1000.00 and since his conviction, is lodged in Central Prison, Nagpur. It is the case of applicant that his condition is deteriorating day by day considerably and he is facing medical emergency as he is not provided proper medical treatment by the Prison Administration. According to applicant, during the pendency of trial, since he was on bail, on 22/2/2017 he was admitted in Rockland Hospital, New Delhi with complaints of shortness of breath, chest discomfort, nausea and pain in the abdomen. The applicant was diagnosed with acute pancreatitis, cholelithiasis with sludge in distal CBD and hypertension. During his stay at the Rockland Hospital, it was further observed in his medical report that MRCD showed cholelithiasis (gall bladder with stone) with likely sludge in distal CBD, bulky tail of pancreas with surrounding fat stranding suggestive of acute pancreatitis (abdominal pain caused by inflamed pancreas). The applicant was discharged on 28/2/2017 with medication. It is the case of applicant that as such while in above-named Hospital, he was advised laparoscopic cholecystectomy within four weeks and was recommended review after ten days. However, as he is convicted as aforesaid, said treatment could not be obtained due to which his condition is critical and serious as his right hand is being severly affected by his spinal problems and he suffers from recurring muscle cramps, which is severely painful. The applicant also occasionally loses consciousness and faints. Additionally, his kidney and gall bladder ailments have led to urinal problems and he continues to be on high medication for these ailments.

(3.) In this context, applicant has filed affidavit sworn by his wife Smt. Vasantha stating on oath that on her meeting applicant in Central Prison, Nagpur on 5/4/2017, it was informed that the medicine stocks are kept by the Prison Administration and only in emergency one or two doses of tablet are given. The non continuation of the regular dose of the prescribed life saving medicines has led to the absolute deterioration of the health of applicant. In paras 3 and 4 of the affidavit, she has repeated the facts as pleaded in the application.