Skip to content


Miraj-ud-dIn Vs. State - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtJammu and Kashmir High Court
Decided On
Judge
Reported in1970CriLJ1497
AppellantMiraj-ud-din
RespondentState
Excerpt:
- .....rashid stand charged under section 302, r. p. c. and both are undergoing trial in the court of the addl. sessions judge, srinagar. abdul rashid has already been released on bail whereas the prayer made by the petitioner in this behalf was not granted by the high court. later on, the said accused made another application for bail before the addl. sessions judge on the ground that he was ill and should be released on bail so that he could get himself treated in the hospital or elsewhere. the learned addl. sessions judge after recording the statement of the medical officer central jail, srinagar, rejected this application. the petitioner has now moved this court under section 498, cr. p. c.2. i have heard shri j. l. chowdhary appearing on behalf of the petitioner and also mr. m. l. qureshi.....
Judgment:
ORDER

Mian Jalal-ud-Din, J.

1. This is an application by Miraj-ud-Din the accused through his counsel for enlarging him on bail. The petitioner accused along with another accused namely Abdul Rashid stand charged under Section 302, R. P. C. and both are undergoing trial in the court of the Addl. Sessions Judge, Srinagar. Abdul Rashid has already been released on bail whereas the prayer made by the petitioner in this behalf was not granted by the High Court. Later on, the said accused made another application for bail before the Addl. Sessions Judge on the ground that he was ill and should be released on bail so that he could get himself treated in the Hospital or elsewhere. The learned Addl. Sessions Judge after recording the statement of the Medical Officer Central Jail, Srinagar, rejected this application. The petitioner has now moved this Court under Section 498, Cr. P. C.

2. I have heard Shri J. L. Chowdhary appearing on behalf of the petitioner and also Mr. M. L. Qureshi appearing on behalf of the State.

3. The main ground on which the bail is sought in the ease is that the petitioner has suffered an attack of acute catarrhal bronchitis and has developed chest trouble. He was examined by a physician specialist and his health is suffering deterioration day by day in the Jail. There are no adequate facilities available in the Central Jail for the accused.

4. But there is no proof available of the fact that the said accused has developed a serious disease which is incurable in the Central Jail. On the other hand the Medical Officer who was examined by the Addl. Sessions Judge has deposed that the accused was admitted to the Jail Hospital and was given proper treatment for catarrhal bronchitis as a result of which he is now better. He further deposed that the accused was discharged from the Jail Hospital and was given medicines, from the Jail Dispensary. It cannot be said that no doctor is available in the Central Jail who cannot administer to the needs of the accused so far as his ailment is concerned. The accused was even got examined by a specialist.

5. In a case where the accused is faced with the charge of murder, the High Court will sparingly exercise its discretion in favour of granting bail under Section 498, Cr. P. C. It is only in very strong exceptional case one of them being that where the life of an accused person is in danger and is established by Medical evidence that the discretion can be exercised in granting the bail. But here is a case where we find that there is no enough material to call for the exercise of the discretion in favour of the accused especially when the case is at its fag-end and only one or two witnesses of the defence are to be examined. The case is likely to finish within a short time.

6. Judging from the facts and circumstances of the case I decline to grant the prayer of the accused and dismiss the application. The directions given by the learned Sessions Judge in his order for treatment of the accused shall be followed by the Jail authorities.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //