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Judgment
Gita Gopi, J
RULE. Learned Additional Public Prosecutor waives service of Rule on behalf of the respondent-State.
By way of this application, the applicant has prayed to release her on temporary bail for 30 days on the ground of her own ailment.
Heard learned advocates on both the sides and perused the material on record. It appears that the applicant had preferred Criminal Misc.
Application No.37 of 2021 before the concerned Sessions Court seeking temporary bail for 30 days. While rejecting the said application, the Court
below observed that the applicant shall be at liberty to take treatment from a private hospital of her choice in pursuance of the opinion of the Medical
Officer of the jail in that regard; however, such liberty was granted only subject to police 'japta' at her own cost.
The applicant has assailed this part of the order of the Court below and has requested to delete the condition of police 'japta' on the ground that she
is a lady aged around 63 years and is suffering from different ailments.
Heard learned advocates for both the sides and perused the material on record. The medical case-papers on record reveal that the applicant is
suffering from some ailment in both her knees. Considering the facts and circumstances of the case, the application is partly allowed. It is observed
that if the Medical Officer in jail is of the opinion that the applicant requires necessary medical treatment at a private hospital of her choice, then the
same shall be permitted, without the condition of police 'japta'. With the above observations, the application stands disposed of. Rule is made absolute
to the above extent.