RINKU SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) By filing this interlocutory application, the petitioner has prayed to release him on provisional bail or in alternative to grant permission to the Jail Authorities to send him to the Institute of Neurosciences, Kolkata for his treatment under police custody, at his own cost. The petitioner is an accused for allegedly committing offence punishable under Section 302/34 of the Indian Penal Code. Earlier, this petitioner approached this Court by filing B.A. No. 8757 of 2018, which was dismissed on merits on 30.11.2018, with the findings that from perusal of the FIR as well as record, it appears that the deceased had taken the name of this petitioner and two others who assaulted him. The deceased died, while he was being taken to the hospital. The petitioner renewed his prayer by filing this instant bail application, i.e. B.A. No. 3286 of 2019. During pendency of the bail application, this interlocutory application has been filed for grant of provisional bail or in alternative a direction may be given to send him to Kolkata for treatment under police custody.

(2.) Learned counsel appearing for the petitioner by placing this application, submits that the health condition of the petitioner is very precarious and he needs immediate medical attention. Learned counsel, by referring to page-10 of this application, which is the discharge sheet of Patliputra Medical College Hospital, Dhanbad, submits that the said hospital has referred the petitioner at a higher centre, either at AIIMS, New Delhi, or NIMHANS, Banglore or the Institute of Neurosciences, Kolkata. He further submits that some surgery was performed, but the condition of the petitioner did not improve. He submits that an application was also filed before the learned Court below, which was disposed of on 27.07.2019 with a direction to the Jail Superintendent to take proper step and provide proper medical facility to the under trial prisoner. He further submits that in spite of the said order, no action has been taken. Learned A.P.P., upon instructions, submits that all the prosecution witnesses, have already been examined in trial, to that effect, he has already filed an affidavit. He further submits that at this stage, since there is sufficient material, which has come up during trial against this petitioner, it would not be proper to release the petitioner on bail or even on provisional bail when the trial can be concluded at a very short span of time. He submits that there is high probability that the petitioner may not appear before the trial Court once he is released on bail or provisional bail as there are materials against him.

(3.) So far as his treatment is concerned, A.P.P. submits that as per the prayer made by this petitioner, he can be sent to the Institute of Neurosciences, Kolkata at the cost of the petitioner under police custody. Considering the submission of both the parties and on going through the medical documents and especially considering the fact that all the prosecution witnesses have been examined, as stated by the learned A.P.P., I am not inclined to grant provisional bail to this petitioner. Accordingly, the same is hereby rejected. However, since it is the case of the petitioner that his health condition is not well and he has been advised to go to higher centre for treatment and as per the petitioner, he is ready to bear the cost of the treatment under police protection at the Institute of Neurosciences, Kolkata, I direct the State authorities to provide necessary police protection to the petitioner so that he may be treated at the Institute of Neurosciences, Kolkata under police protection at his own cost. The cost of the police protection shall also be borne by the petitioner. It is expected that the State will immediately comply the order and provide necessary assistance without further delay. I.A. No. 7335 of 2019 stands disposed of. List the main application after six weeks.