Ram Sanehi @ Pujari vs State of U.P.

J.C. Gupta, J.—Heard applicant''s counsel and the learned A.G. A.

Applicant''s counsel also states that he has already informed Sri TB. Islam in writing that the case shall be taken up today but Sri T.B. Islam is not present. Short term bail is being claimed on the ground that the applicant is suffering from cancer. The applicant was earlier allowed a short term bail for four months by the of dated 29798 and while allowing short term bail a condition was imposed that the applicant shall present himself before the Court concerned on the. ...(sic).. unless he was admitted in some hospital or has gone out of Fatehpur for his treatment with prior permission of the trial Court. In order to get better treatment applicant approached this Court by filing Criminal Revision No. 2133/98 and this Court ordered that the accused be sent from Fatehpur to J.K. Institute of Cancer, Kanpur for further treatment. It further appears that the accused was so sent to J.K. Institute of Cancer, Kanpur and he remained admitted there till 5399 and as per the certificate of Dr. Ishwar Chandra Khare which has been annexed as Annexure S.A. I. The applicant had been advised to take treatment at Medical .College, Patna/Tata Memorial Hospital, PareJ, Mumbai as advanced machines are not available in J.K. Institute of Cancer at Kanpur. It further appears from the perusal of the order sheet (sic) dated 15499 that all the witnesses of fact have already been examined and only the evidence of the formal'' witnesses has remain to be examined who are not coming up before the Court.

In the circumstances, the applicant is allowed a short term bail for a period of four months from the date of his release in order to enable the applicant to get himself treated at either of the two places referred to in the reference slip issued by Medical Officer, J.K. Cancer Institute, Kanpur, on his executing a personal bond in the sum of Rs. 25,000/ and furnishing two sureties each in the like amount to the satisfaction of the C.J.M., Fatehpur in Case Crime No. 98/96 (S.T. No. 207/97) under Sections 147/148/149/302/504/506, I.P.C., P.S. Hussainganj, district Fatehpur.

However, it is further provided that proceedings of the trial shall go on and the accused/applicant shall appear before the trial Court in person when the stage of recording statement of accused under Section 313, Cr. P.C. is reached unless the accused/applicant is confined on bed in any of the aforesaid hospitals and is not able to move under medical advise, in that event he may give his written statement through counsel before the trial Court.

Application allowed.