1988 (3) TMI 467

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... out from the bush and attacked him with intention to cause his death. As a result of such attack, the left hand was to be amputated from the wrist and also there was fracture of his left leg. Besides, several incised wounds were caused on the body. 3. Accused persons moved for bail which was rejected by the learned Sessions Judge. This Court was moved and by order dated 4-12-1987 bail application so far as the opposite party was concerned was rejected by L. Rath, J. Opposite party thereafter once again applied for bail before the learned Sessions Judge which was rejected. Thereafter, he again filed an application for bail on 16-1-1988 on the ground of sickness along with a petition to call for a report from the doctor regarding his heal....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... He can never be cured of these deliberating diseases by the allopathic treatment in jail and the jail authorities would not permit any other system of treatment. He would therefore gradually slide towards death. Before this eventuality is expressed he wants to avail of a last chance to survive in freedom. 5. In the aforesaid background, I was of the opinion that it is a fit case where the question of cancellation of bail should be considered and directed the matter to be placed before L. Rath, J., who rejected bail earlier to consider for question. His Lordship having expressed that the matter should be taken up by me, I directed issue of notice. 6. Learned Additional Sessions Judge while granting bail observed: It is true t....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er is not definite since he uses the term 'probable'. According to him the sickness is spondylitis and ulcerative colitis with pyorrhoea. It is stated that the accused was not responding to the treatment available in the jail at that time. No indication has been given as to what treatment was offered to the accused. The disease as revealed in the bail application and in the report is different. This difference has not been brought to the notice of the learned Sessions Judge. No enquiry has been made by the learned Sessions Judge if the accused while in custody can be examined and treated by specialists as indicated by the medical officer. The nature of treatment afforded and the cause for such treatment not responding should have be....