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Judgment
20 paragraphs · 419 wordsSUDHANSHU DHULIA, J; LOK PAL SINGH, J
The appellant is presently lodged in Dehradun Jail. He has been convicted under Sections 302/307/326 read with Section 120B of IPC and
sentenced for life imprisonment with a fine of Rs.1,00,000/- (Rupees One Lakh Only) for the offence under Section 302/120B of IPC, 10 years’
of rigorous imprisonment with a fine of Rs.10,000/- (Rupees Ten Thousand Only) for the offence under Section 307/120B of IPC and 7 years’ of
rigorous imprisonment with a fine of Rs.5,000/- (Rupees Five Thousand Only) for the offence under Section 326/120B of IPC, with the default
stipulation. All the sentences are to run concurrently. He prays for a short term bail on grounds that he has to undergo a spinal surgery, known as
“Transforaminal Lumbar Interbody Fusionâ€.
On 10.04.2018, this Court had called for the MRI report from the State authorities. Thereafter, again on 30.05.2018, the report was called to get a
detail “timetable†from the Director, AIIMS, Rishikesh, which has now been received. In the report, it has been said that the surgery can be
performed at AIIMS, Rishikesh. The Director, AIIMS has also given a detail accounts as to how and when it can be performed and has said that by
the end of July, 2018, the surgery can be performed, provided the appellant comes for a regular pre-surgical check-up at the hospital. It also states that
post-operational care is also required in this matter.
In the interest of justice, and considering that the surgery is a requirement as it is evident from the documents filed before this Court, we direct the
Jail Authorities at Dehradun to chalk out a plan in consultation with the Director, AIIMS, Rishikesh so that the appellant can be operated. Although we
are not inclined to grant a short term bail for this purpose, since the operation is to be performed at Dehradun, where the appellant is lodged in jail, yet
we direct that the appellant shall be taken to AIIMS, Rishikesh, Dehradun for the check-ups which are pre-surgical check-ups as thereafter a surgery
has to be performed. The appellant shall be continuously under the supervision and guard of the Jail Authorities. The Jail Authorities shall make all
necessary arrangements in carrying the appellant to the hospital and his return. In case the appellant has to be admitted in the hospital, proper security
arrangements shall be made by the Jail Authorities, if possible by taking help of the local police.
Short term bail application stands disposed.