Brief Facts of the Case
A former Minister (Respondent) of the U.P. was charged as an Accused in this case. He was charged under Sections 376(D), 376, 511, 504 and 506 of the Indian Penal Code, read with Sections 3 and 4 of the POCSO Act. The F.I.R was lodged against the Accused after an Order was passed by the Supreme Court. Through an Order, the Respondent was granted bail by the Additional District and Sessions Judge, Lucknow. However, the High Court vide its Order, rejected his bail.
He was admitted for treatment the hospital, and thus, he sought interim bail on medical grounds for six months. Finally, the medical board evaluated the Accused and submitted the report with an affidavit before the High Court. The High Court also allowed the interim bail application on medical grounds.
Arguments Before the Court
The Additional Solicitor General (ASG), on the behalf of the Appellant, submitted that the Respondent was given due treatment at the hospital. It was submitted that the relevant reports were placed before the High Court, concerning the medical condition of the applicant and the treatment which was being given. It was submitted that the State was giving full medical facilities & treatment to the Respondent. It was further argued that the High Court was mistaken in granting interim bail on medical grounds without referring to the medical reports.
Counsel appeared on the behalf of the Respondent rebutted the submission of the ASG for the Appellant. It was contended that when a person is not well and he is in jail, he needs humane treatment.
Merely because the Respondent in an accused party, he cannot be given a different treatment. He also submitted that the Respondent should be allowed to continue at K.G.M.U. and should not be transferred to prison.
Observations of the Court
The Court observed that it has failed to see what were the shortcomings in the medical treatment given to the Respondent. The Court noted that that perusal of medical reports should have been the basis for the grant of interim bail on medical grounds.
Decision of the Court
The Supreme Court allowed the appeal and set aside the Order by which the Respondent had been granted interim bail on medical grounds for two months.
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