Imran Khan vs State Of Himachal Pradesh

Sushil Kukreja, J

The instant bail application has been filed by the petitioner under Section 439 of the Code of Criminal Procedure (Cr.PC) for grant of interim bail/bail in case FIR No.321/2022, dated 06.12.2022, registered at Police Station Nalagarh, District Solan, H.P., under Sections 302, 323, 504 read with Section 34 of Indian Penal Code (IPC).

Brief facts of the case, as per the status report filed by the respondent-State, are that on 06.12.2022, one Nand Lal, Chairman, New Serenity Home Center, Nalagarh, made a complaint to the police, stating therein that a quarrel took place in the Center and a person, who sustained injuries in the quarrel, was taken to PGI Chandigarh for treatment. Later on, the police was informed that Deepak Kumar who sustained injuries died in PGI. Thereafter, during the course of investigation, police recorded statement of one Vikram Singh under Section 154 Cr.P.C., who stated that as he was a drug addict so he was admitted in the Serenity Home Center on 20. 11.2022. He further stated that during intervening night of 5/6.12.2022, at around 01:30 a.m., Sandeep Kumar, Gurwinder Singh, Imran Khan (petitioner herein) and Hardeep Singh came inside the Centre and Sandeep Kumar shouted the names of Sumit, Ashok, Deepak, Shivam and Amrit Pal. Accused Sandeep along with other accused persons slapped Deepak and they also made Sumit Kumar, Ashok, Deepak, Shivam and Amrit Pal to take off their clothes and thereafter for about three hours, with intervals, the accused persons gave beatings to the above persons. Accused Hardeep Singh gave beatings with the help of bamboo stick. Later on, the accused persons left the spot, however, at around 07:00 a.m., in the morning, they again came back and gave beatings to the above five persons. Deepak was lying on the floor, who asked for water, so Vikram Singh and others gave him water and he fell unconscious. Thereafter, the accused persons came inside and made Deepak to wear clothes and took him outside. After half an hour, accused persons also took other injured persons out of the room. In his statement, Vikram Singh further disclosed that accused Hardeep Singh threw a bamboo stick out of the room and while the accused persons were giving beatings, they were using abusive language and saying how dare you brought chitta (heroin) inside. Injured Deepak was shifted to PGI, Chandigarh for treatment, but later on he succumbed to the injuries. On the basis of the aforesaid statement of Vikram Singh, police registered the case and the investigation commenced.

The police during the course of investigation, collected scientific samples, effected relevant recoveries and recorded the statements of the witnesses. Postmortem examination on the corpse of the deceased was conducted.

The petitioner was arrested on 07.12.2022.

The bail application has been filed by the petitioner on the ground that he is innocent and has been falsely implicated in the present case. Learned counsel for the petitioner contended that the petitioner, who is aged about 21 years, is suffering from kidney stone and is getting treatment from IGMC, Shimla and PGI Chandigarh on regular basis for the last one year, but his condition is deteriorating, therefore, it is prayed that he may be ordered to be released on bail keeping in view his health condition and also that the investigation of the case is complete and the charge-sheet has been filed in the competent Court of law.

Per contra, the learned Deputy Advocate General opposed the bail application on the ground that the petitioner does not deserve to be released on bail as he has been found involved in a serious offence of murder.

I have heard learned counsel for the petitioner as well as learned Deputy Advocate General for the State and also carefully gone through the material available on record.

It is not in dispute that the petitioner has been arrested on 07.12.2022 with respect to the FIR in question. The record further reveals that the petitioner is suffering from Renal Palvic stone with Hepatitis C, therefore, the question which arises for consideration before this Court is as to whether the petitioner has made out a case for releasing him on bail on medical grounds. As already observed, the petitioner is an accused of committing murder. It is settled law that in the absence of compelling reasons warranting grant of bail on medical grounds, the Courts shall not exercise their discretion in granting bail to the accused. Exercise of discretion depends on the facts and circumstances of each case, and the thumb rule essentially is the nature of the sickness, health condition as well as availability of specialized and sustained medical treatment to the inmates confined within the four walls of the jail. The Hon’ble Supreme Court in a catena of judgments held that where an individual seeks bail on medical grounds, it shall be granted only in cases where the requisite medical facilities cannot be provided by the jail authorities. Reliance in this regard is placed on the decisions of the Hon’ble Supreme Court in State Vs. Jaspal Singh Gill(1984) 3 SCC 555 and State of Uttar Pradesh Vs. Gayatri Prasad Prajapati, AIR 2020 SC 5014. The discretion vested in Courts to grant bail on medical grounds should be exercised in a sparing and cautious manner and every nature of sickness will not entitle the accused to be released on bail unless it is demonstrated that the sickness is of such a nature that if the accused is not released, he cannot get proper treatment.

In the instant case, this Court on 05.03.2024, keeping in view the health condition of the petitioner, directed the Superintendent, Model Central Jail, Kanda to produce him before the Medical Board and pursuant to the aforesaid direction, the Medical Superintendent, IGMC, Shimla submitted the report of Medical Board, wherein, it has been mentioned as under:-

“The patient is advised to get Right PCNL/Right Stone Surgery, and to get admitted in Urology department, IGMC, Shimla. His health condition is stable.”

Learned counsel for the petitioner submitted that the petitioner has been operated twice at IGMC, Shimla, but still he has not been recovered. However, in view of the aforesaid medical report, the health condition of the petitioner is stable and he had been advised to get admitted in Urology department. The petitioner is not suffering from such ailments which cannot be treated at IGMC, Shimla/PGIMER, Chandigarh. No material has been brought on record by the petitioner that he cannot be medically treated while in custody. Moreover, the ailment of the petitioner is not of such a nature which would call for his release on bail solely on health grounds. Therefore, no case for the release of the petitioner on bail on medical grounds has been made out.

In view of the facts and circumstances of the present case and in the absence of compelling reasons warranting grant of bail on medical grounds, this Court is not inclined to exercise discretion in granting interim bail to the petitioner. Hence, the plea of the petitioner for granting him interim bail on medical grounds is dismissed. However, to meet the exigency of the situation, the Jail Superintendent, Model Central Jail, Kanda, Shimla, H.P., is directed to make arrangements to take the petitioner under the police escort to IGMC, Shimla for treatment immediately. It would be open for the competent Medical Officer to refer the petitioner to PGIMER, Chandigarh for further treatment, as and when the situation demands. After the petitioner is lodged back in jail, the Jail Superintendent, Model Central Jail, Kanda, Shimla, shall take the petitioner for follow-up to IGMC, Shimla/PGIMER, Chandigarh as and when advised by the concerned Medical Officer. One of the immediate family members of the petitioner is permitted to attend to the petitioner in case he is admitted in the hospital. Registry is directed to send a copy of this order to Jail Superintendent, Model Central Jail Kanda, Shimla, H.P. forthwith.

Be it stated that any expression of opinion given in this order does not mean an expression of opinion on the merits of the case and the trial Court will not be influenced by any observations made therein.