Madan Bhandari vs State Of Uttarakhand

Ravindra Maithani, J

Applicant is in judicial custody in Case Crime No. 289 of 2019, under Section 302, 307, 504, 506 IPC and Section 30 of the Arms Act, 1959, Police Station Nanakmatta, District Udham Singh Nagar. He has sought short term bail on the ground of ear problem.

Heard learned counsel for the applicant and perused the record.

Learned counsel for the applicant would submit that the applicant has ear problem. He was once taken for surgery but still the problem persists. He is to be admitted in the hospital.

Learned State counsel under instructions very fairly concedes that the applicant has once undergone ear surgery. He was taken on some dates for follow up, but on certain occasion he could not be taken up. She would submit that the applicant was to be admitted in the hospital today, but due to want of police force, he could not be admitted.

Having considered, without adverting to the merits of the case, purely on humanitarian ground, this Court is of the view that the applicant may be enlarged on short term bail for a period of eight weeks from the date of his release.

Let the applicant be released on short term bail for a period of eight weeks from the date of his release, subject to his furnishing a personal bond and two reliable sureties of the like amount, to the satisfaction of the court concerned.

After expiry of the period of short term bail, the applicant shall surrender before the court concerned and an information shall be forwarded to this Court.

The short term bail application is allowed accordingly.

It is strange that a person is to be admitted for some procedure in the hospital, but he was not taken to hospital for want of police force. Who is responsible for it? A person in jail has all his fundamental rights. Right to Health is one of the paramount considerations. It is not that the applicant wanted to visit the doctor, but as per doctor’s advice he was required to be admitted in the hospital. Not only this, it is also the case that earlier also the applicant was also once operated upon, but he could not be taken to doctor on all the dates for follow up action. It is gross negligence on the part of the State to maintain such standard which are required with regard to an inmate.

Let a copy of this order be sent to Inspector General, Prison with the request to get an inquiry conducted in the matter and take such action against the erring officer as he deems fit. He shall also forward the copy of the action taken in the matter alongwith the inquiry report to this Court on or before 03.04.2025.

The Court further directs Superintendent, Central Jail, Sitarganj, District Udham Singh Nagar that he shall ensure that if an inmate is directed to be produced before the doctor as per the medical advice it should be followed. If it could not be so done due to any reason, the Superintendent of Central Jail, Sitarganj shall bring this fact, immediately to the notice of the Chief Judicial Magistrate, Udham Singh Nagar who shall take necessary action in such matters.