AMARJEET SINGH Vs. STATE OF J&K & ANR.

JUDGEMENT

(1.) Petitioner Amarjeet Singh who is facing trial before learned 2nd Additional Sessions Judge, Jammu for charge under Sec. 302 RPC has been denied bail claimed on medical grounds by the trial Court. He has filed the instant petition reiterating his claim for bail on medical grounds. It is urged in the petition that about 20 years back, one of the kidneys of petitioner was removed making him dependent on single kidney, condition of which is also deteriorating because of non availability of specialised treatment in the jail. It is further urged that though the jail authorities have been frequently taking the petitioner for specialised treatment to Government Medical College, there is no improvement in his condition as the home atmosphere and specialised treatment required is lacking. It is urged that the learned Trial Court has not returned a finding as regards seriousness of ailment of the petitioner and if timely and specialised treatment is not provided to the petitioner, the consequences may be disastrous.

(2.) State has opposed the bail plea before trial Court on the ground that the petitioner is involved in commission of offence under Sec. 302 RPC carrying sentence of death or life imprisonment as punishment and there is statutory bar for release of petitioner on bail.

(3.) Learned Trial Court rejected the bail plea on the ground that the trial is at the initial stage, however, despite observing that the bail is sought on ground of sickness and the petitioner is suffering from ailments as a result of single kidney and from piles as reported by Superintendent District Jail Jammu, it arrived at the conclusion that the petitioner was not suffering from any disease of such a nature as to require him to be released on bail. It appears that the trial Court was more influenced by gravity of charge and seriousness of offence alleged against the petitioner than recording; i definite finding in respect of seriousness of the ailment urged by the petitioner as medical ground for grant of bail.