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Judgment
A.K. Mohapatra, J
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
IA NO. 306 OF 2024
The IA has been filed by the petitioner seeking interim bail on his health ground. Learned counsel for the petitioner submitted that the petitioner is in custody since 15.02.2024. It was further contended that after the arrest of the petitioner by the investigating authority, the petitioner had heart related issues for which he was undergoing treatment at Medanta hospital, Lucknow. During such treatment it was detected that the petitioner is having a blockage in his coronary artery. Further, it was contended that before the petitioner could take any steps for surgery or any surgical intervention, the petitioner was arrested by the Jammu police on 10th of October 2023.
Learned counsel for the petitioner further contended that while the petitioner was in custody in Jammu he was referred to the Govt. Super specialty Hospital Jammu, where the petitioner was referred to PGI Chandigarh or AIIMS Delhi for better treatment. Further it was contended that before the petitioner could avail the prescribed treatment he was remanded to Agra in connection with another case. After getting bail in connection of the case, he was remanded in this case by the Learned P.O. Designated Court under OPID Act, Cuttack.. It has been specifically stated that the petitioner is suffering from coronary artery disease and that he has five major blockages in the coronary artery. Further, it was contended that the petitioner has been advised a CABG i.e. by-pass surgery since 21/11/23 by different hospitals.
Learned counsel for the petitioner in the course of his argument submitted that since the petitioner is required to undergo coronary artery bypass surgery, the same is associated with high risk. Therefore, the petitioner prefers to undergo a laser angiography to be carried out by hospital having such facility. He further contended that the hospitals in Odisha do not have such facilities for laser angioplasty surgery.
On mentioning this matter was taken up on 22.03.2024 in presence of learned counsel Mr. Vivekananda Bhuyan for OPID. An order was passed directing to constitute a Medical Board under the chairmanship of the superintendent and principal SCB Medical College and Hospital for examination of the petitioner and to furnish a report before this court by today. Despite such direction no steps have been taken to constitute such a medical board for examination of the petitioner as directed by this court. Sick negligence on the party of the OPID is viewed very seriously by this court.
In the aforesaid factual background this court by considering the interim bail application of the petitioner and considering the health condition of the petitioner is inclined to release the petitioner on interim bail for a period of two weeks subject to certain stringent terms and conditions.
Accordingly it is directed that the petitioner be released on interim bail for a period of two weeks subject to the petitioner furnishing a bail bond of Rs. 5,00,000 (Rupees Five Lakhs) with two local solvent sureties each for the like amount subject to the satisfaction of the court in seisin over the matter.
The release of the petitioner on interim bail shall we subject to the following conditions:
I) He shall not misuse the liberty of interim bail.
II) Shall surrender his travel documents including his passport before the court in seisin over the matter.
III) Shall surrender before the court below positively on the expiry of the period of two weeks from the date of release on interim bail.
IV) shall not leave the State of Odisha without prior intimation and leave of the court in seisin over the matter.
Violation of any of the aforesaid conditions shall entail the cancellation of bail.
Urgent certified copy of this order be granted on proper application in course of the day.
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