D.S. BHULLAR Vs. STATE THROUGH CBI

JUDGEMENT

(1.) THIS petition has been filed under Section 482 read with Section 439 of the Code of Criminal Procedure (sic) extension of interim bail on medical grounds granted by Special Judge, Patiala vide order, dated 28.4.1998 in case FIR No. RC 5(8)97 dated 10.2.1997 under Sections 302/201/427/468/471/506 read with sections 34 and 120-B IPC registered at Police Station SIU/V/CBI/SIC 11, New Delhi.

(2.) DURING the course of investigation of this case, petitioner was not arrested. However, after his petition under Section 438 Cr.P.C. was rejected by this Court, he himself surrendered in the Court of Sessions Judge, Patiala on 10.5.1997. He was taken into judicial custody. He made an application for regular bail in the court of Additional Sessions Judge, Patiala on 28.11.1997 primarily on medical ground for treatment of heart ailment. The prayer for regular bail was declined. However, the petitioner was granted interim bail from 1.12.1997 to 6.3.1998. On 5.3.1998, he made another application for extension of interim bail. That prayer was allowed and he was permitted to remain on interim bail from 7.3.1998 to 4.4.1998. On 3.4.1998, he filed another application for extension of interim bail. Extension was granted till 30.6.1998 and was directed to surrender in the trial Court on 1.7.1998. It appears that instead of surrendering in the trial Court he has come to this Court with a prayer to suitably extend the interim bail on medical grounds for a period of at least three months in the first instance.

(3.) THE learned counsel opposite endeavoured to refute the contentions raised on behalf of the prosecution in order to secure the relief prayed for contending that the petitioner received the treatment as indoor patient from Rajindra Hospital upto 7.1.1998. Again he remained as indoor patient in the said hospital from 29.1.1998. The advice of the concerned Doctor of Rajindra Hospital, petitioner visited AIIMS on 18.2.1998. The concerned Doctor at AIIMS advised him to visit on 20.3.1998. In the evening of 19.3.1998, petitioner reached AIIMS. The Consultant Physician was not found available and as such he was asked to revisit on 23.3.1998. It was pointed out that he was granted interim bail only upto 30.4.1998. On account of emergency, the petitioner went to Escorts on 23.3.1998. On 23.3.1998, the petitioner was examined by Dr. T.S. Kler at Escorts. He found that petitioner was insulin dependent diabetes, HT and ischaemic heart disease. On 27.3.1998, petitioner was examined by Dr. T.S. Kler of Escorts vide EHIRC No. 98/91959. He was found to be insulin dependent dibetes (since 1980), HT and Ischaemic heart disease and was advised to undergo some cardiac investigations including dobutamine thallium.