Rakshak Khachi vs State Of Himachal Pradesh

Jyotsna Rewal Dua, J

Petitioner is co­accused in FIR No. 08/2016, dated 25.01.2016, registered at Police Station Theog, District, Shimla, H.P., under Sections 302, 392, 201 and 120­B of the Indian Penal Code.

Prior to present bail petition, Cr.M.P.(M) No. 1231/2021, was moved by the petitioner seeking interim bail, on the ground that he was not keeping good health and required thorough medical check­up and treatment. Vide order dated 12.07.2021 Cr.MP(M) No. 1231 of 2021 was disposed off allowing interim bail to the petitioner upto 18.10.2021. Paragraph­4 of the order passed in Cr.MP(M) No. 1231 of 2021 noticed the multifarious ailments stated by the petitioner as under:­

"4 In Paragraph­4, he specifically submits that he is suffering from multifarious ailments and is under treatment from IGMC Shimla and PGI Chandigarh. To support his medical condition, the petitioner has annexed copies of medical record, Annexure P­1(colly). In Paragraph­3 of Cr.MP No. 1121 of 2021 filed for brining on record the detailed facts qua ailments of the petitioner, it has been stated as follows:­

"3(i) Suffering from severe depression.

(ii) F.II.2C. F32. 1 is a medical language to describe major depression disorder. ( Reference Page 7,8 and 9 of the paper book).

(iii) Suffering from kidney disease.

(iv) Severe pain body aches, vomiting, burning, continue pain the left side of the back. ( Reference page 11,12 and 13 of the book.)

(v) Due to critical condition patient has been referred to PGIMER Chandigarh. ( Reference Page 14 of the paper book).

(vi) Diagnosed with PUJO ( Pelvic Ureteric Junction Obstruction ) is a restriction to the flow of urine from renal pelvis to the urethra which led to progressive renal deterioration. ( Reference Page 15 to 19 of the paper book )

(vii) Suffering from HYDRONEPHROSIS which is swelling in the kidney to lose function permanently.

( Reference Page 26 of the paper book as diagnosed with HDN ).

(viii) Doctors from PGIMER Chandigarh have specially mentioned on 14.08.2019 to get checked up and EC scan of patient after six months but the patient has not been escorted to the hospital for EC scan ( Reference page 17 of the paper book).

(ix) The patient has been asked to take discharge by the will of the police. ( Reference Page 29 of the paper book ).

In view of above, the petitioner was granted interim bail upto 18.10.2021, vide order dated 12.07.2021.

On 04.10.2021, petitioner preferred instant petition under Section 439 of Code of Criminal Procedure, with a prayer for release on bail, on medical grounds vide order dated 08.10.2021 passed in the present petition, interim bail has been extended till 30.10.2021 on same terms and conditions as contained in order dated 12.07.2021. It has been submitted that subsequent to the grant of interim bail on 12.07.2021, the petitioner got himself medically examined in Psychiatry Department of Indira Gandhi Medical College ( IGMC in short ), Shimla. He was described as 'High Risk Management' in the medical prescription slips. The medical prescription slips issued by IGMC Shimla, showing the medical treatment given to the petitioner as an outdoor patient of Psychiatry Department, IGMC Shimla from 24.07.2021 onwards have been placed on record as Annexure P­3. It has further been submitted that on 11.09.2021, the petitioner was admitted in the Psychiatry Ward of IGMC Shimla. He was discharged from the hospital on 30.09.2021. The discharge slip has been placed on record as Annexure P­4. The brief summary described in the discharge card of the petitioner, states that

" Patient was admitted for the management of behavioural disturbances. Pt. was given treatment, showed improvement & is being discharged in stable condition".

The discharge card inter­alia also mentions following :­

" High Risk Management 24 hrs attendant Supervised medications R/A 7 days/SOS in Psy. OPD..."

On the basis of discharge card, learned counsel for the petitioner submitted that the doctors have opined the petitioner to be a high risk management patient. He needs care and supervision besides 24 hours attendant, which will not be possible in the prison. Therefore, petitioner's enlargement on bail on medical ground was prayed for. It was further submitted that petitioner will abide by all the terms and conditions which may be imposed upon him in case of his enlargement on bail. It was also highlighted that while on interim bail, the petitioner did not violate the terms and conditions of bail imposed upon him.

Learned Deputy Advocate General opposed the grant of further bail to petitioner. It was submitted that the ailments of the petitioner were considered by the Court while allowing his previous bail petition i.e. Cr.MP(M) No. 1231 of 2021. Subsequent to his release, on interim bail vide order dated 12.07.2021 passed in the previous bail petition, the petitioner underwent medical treatment in IGMC, Shimla as an outdoor as well as an indoor patient for management of his behavioural issues. Petitioner was discharged in a stable condition from the hospital. The purpose for which interim bail was granted to the petitioner has been served. Therefore, there is no necessity to further extend the interim bail. Learned Deputy Advocate General prayed for dismissal of the present bail petition.

With the assistance of learned counsel for the parties, I have gone through case file, the medical prescription slips, the discharge and follow­up card of the petitioner. I have also considered the status reports and the documents filed by the respondent. From the documents placed on record, it is apparent that petitioner has remained under medical treatment intermittently during the years 2018, 2019 and 2020. Interim bail was granted to him on medical grounds vide order dated 12.07.2021 passed in a previous bail petition [Cr.MP(M) No. 1231 of 2021] filed by the petitioner. While on interim bail, petitioner undertook medical treatment as an outdoor patient from Psychiatry Department of IGMC Shimla during the months of July, August and September. He remained an indoor patient in Psychiatry Ward from 11.09.2021 to 30.09.2021. Considering that the hospital discharge card described the petitioner as High Risk Management requiring 24 hrs attendant and supervised medications, therefore, the respondent­ State was directed to file fresh status report. In the fresh status report, it has been stated that the respondent obtained case summary on 27.10.2021 from the team of doctors who treated the petitioner in the Department of Psychiatry, IGMC Shimla. The case summary reads as under:­

" It is certified that Rakshak 26 years old male S/o Sh. Prem Singh R/o village Didy, PO and Tehsil Theog, District Shimla, H.P. was admitted in Psy. Ward vide C.R. No. 202107290766 and Psy OPD No. 1314/2020. Detailed history was explored from mother. Serial mental status examination was conducted in the Ward. Based on available information and serial MSEs, he was diagnosed with "severe depressive disorder with mental and behavioural disorders due to use of opioids, cannabinoids and tobacco, dependence syndrome". He was discharged on dated 30.09.2021 and was advised regular follow up in Psy. OPD. Based on assessment during inpatient stay he was advised supervised medications and 24 hours supervision by attendant, at the time of discharge.

­sd­                                                                                                                                                                                          ­            sd­

Dr. Nidhi Sharma                                                                                                                                                                     Dr. Kushel Verma

Assistant Professor                                                                                                                                                                  Sr. Resident

Deptt. of Psychiatry                                                                                                                                                                 Deptt. of Psychiatry

IGMC Shimla                                                                                                                                                                           IGMC Shimla"

Learned Deputy Advocate General has also placed on record a communication dated 28.10.2021 addressed by the Superintendent Model Central Jail, Kanda ( Shimla) to the effect that as per the opinion and advise of the doctors, twenty hours attendant can be provided to the petitioner till he becomes normal. The case summary suggests that the petitioner was diagnosed with 'severe depressive disorder with mental and behavioural disorders due to use of opioids, cannabanoids and tobacco, dependence syndrome'. He was given medical treatment as an outdoor patient during the months of July to September, 2021 and as an indoor patient from 11.09.2021 to 30.09.2021 in Psychiatry Ward. Petitioner was discharged from the hospital on 30.09.2021 in stable condition. Interim bail was granted to the petitioner on medical grounds on 12.07.2021. Three months have gone by. From the date of petitioner's discharge from the hospital also, one month has lapsed. Apparently petitioner now is in stable condition. It is not the case of the petitioner that subsequent to discharge from hospital on 30.09.2021, his condition has deteriorated. The prison authorities have consented to provide 24 hours attendant to the petitioner in the light of advise of doctors treating him. Petitioner is accused of a double murder in the FIR in question. Therefore, considering all relevant facts and attending circumstances, prayer of petitioner for his continued enlargement on bail on medical grounds is rejected. Petitioner is directed to surrender in the prison from where he was released on or before 06.11.2021 by 2:00 PM. The interim bail granted to the petitioner vide order dated 12.07.2021 and 08.10.2021 is accordingly extended on the terms and conditions mentioned in these orders till 06.11.2021. In view of medical opinion contained in petitioner's discharge card, the Superintendent Model Central Jail (Kanda) Shimla is directed to provide twenty hours attendant to the petitioner as undertaken by him in the communication dated 28.10.2021 and to ensure supervised medications to the petitioner as per prescribed medical treatment. Petitioner shall be taken to IGMC Shimla for medical follow­up as per doctors' advise. As and when, a necessity is felt, he may also be got medically examined from the medical board and follow up action be taken in that regard.

This petition is disposed off with the above directions reserving liberty to the parties to move the Court seeking modification thereof in case any genuine difficulty is faced by them.