SAJAL CHAKROVORTY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned A.S.G.I representing CBI on the prayer for provisional bail on medical ground made through I.A. No. 6627 of 2018.

(2.) Appellant is convicted in connection with R.C. Case No. 20(A) of 1996(A) vide impugned judgment dated 14.11.2017 passed by Special Judge- IV, C.B.I., A.H.D., Ranchi for the offence under Sections 120-B r/w Sec. 420/409/467/468/471/477-A of the Indian Penal Code and Sec. 13(2) r/w 13(1)(c)(d) of the Prevention of Corruption Act. He has been sentenced to undergo a composite sentence of 5 years with a fine of R.4,00,000.00 and in default of payment of fine, to further undergo S.I for 1 year under the aforesaid sections of I.P.C. He has also been sentenced to undergo R.I. for 5 years with a fine of Rs. 4,00,000.00 and in default of payment of fine, to further undergo S.I. for 1 year under the aforesaid sections of P.C.Act. Both the sentences have been directed to run concurrently.

(3.) Earlier a medical report was called for from the Director, RIMS and also from the Director, Central Institute of Psychiatry by order dated 02.02.2018 about his medical condition as he had been sent for treatment initially to the RIMS and thereafter to CIP by the Jail Authorities. Appellant was again shifted back to RIMS as brought to the notice of the Court on 09.02018. Appellant has remained in RIMS thereafter. On 107.2018 appellant made a prayer for suspension of sentence through I.A. No. 9811 of 2017. It was submitted on his behalf that authorities of RIMS have reviewed his medical condition in the last few weeks. He has been suffering from various ailments and is hugely obese. Therefore, fresh report of the medical condition of the appellant was called for. That report has been furnished through letter dated 19.07.2018 bearing no. 1656 at Flag-P. The Medical Board comprising Head of the Departments of Medicine, Orthopaedics, Cardiology, Radiology, Eye, Urology, Surgery and Psychiatry sat together and examined the appellant. On examination, it was found that he has been suffering from several diseases like Diabetes Mellitus Type II; Hypertension; Obesity (Post Sleeve Gastrectomy 2015); Coronary Artery Disease (Post 5 Stents); Depression, Diabetic Gastroparesis; Diabetic Nephropathy; Osteoarthritis and Difficulty in Micturition. As per the opinion of the Board he is required to be sent to higher center for treatment.