Aamir Khan vs State Of Odisha

Sashikanta Mishra, J

I.A. No. 320 of 2024

This matter is taken up through hybrid mode.

Learned State Counsel submits the report of the Medical Officer, Special Jail, Banai stating therein that the petitioner was sent to SCB Medical College and Hospital, Cuttack for his further treatment on 30.04.2024 with the information being forwarded to his family members. He has been given a further date for additional investigation on 05.08.2024 following which his further treatment will be planned accordingly. Certain related documents are enclosed to the letter. The State Counsel is directed to submit a copy of this letter, which will be kept on record.

Mr. Panda, learned counsel for the petitioner submits that in view of the date of additional investigation being fixed in the month of August, 2024 it would be unjustified to deny the petitioner his right of being treated in any other hospital, since he is in discomfort and constant pain.

Learned State Counsel submits that if such treatment is available in the premier health institute of the State i.e., SCB Medical College and Hospital, Cuttack there is no reason why the petitioner should be released for being treated in any other hospital.

There seems to be no dispute that the petitioner is suffering from a problem relating to varicose veins, which requires surgery. The report of the Medical Officer addressed to the State Counsel does not clearly indicate as to when the surgery is likely to take place. All that has been said is that further treatment would be planned after additional investigation and that too in the month of August, 2024. This Court does not consider this to be a specific information. There is some force in the submission of Mr. Panda that a person, who is in pain and discomfort cannot be deprived of his right of being treated in the place of his choice.

Taking into consideration all the above facts and purely on humanitarian grounds, this Court is inclined to take a lenient view.

The I.A. is allowed.

Let the petitioner be released on interim bail for a period of four weeks from the date of his actual release on such terms and conditions as the Court below may deem fit and proper to impose including the following conditions:

(i) He shall appear before the IIC of Plantsite Police Station, Rourkela once in a week at 10 a.m. and in case he is required to move out of Rourkela for treatment, he shall furnish his live location along with contact address and telephone number to the IIC and the Court below.

(ii) As long as he is outside Rourkela in connection with his treatment, he shall intimate the IIC over phone every day at 10 a.m. of his whereabouts.

(ii) Further, on his surrender he shall furnish all necessary proof of the treatment undergone by him in the meantime.

(iv) He shall appear before the Court below on each date of posting of the case.

This order shall be given effect to on and from 21st May, 2024.

This order be communicated to the Court below forthwith.

I.A. is disposed of

List the BLAPL in the week commencing 24th June, 2024.

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