Taking into consideration the health status of the petitioner, this Court deemed it proper to direct the Principal Government Medical College, Jammu to constitute a Medical Board for the examination of the petitioner in view of the ailments being suffered by the petitioner and Superintendent District Jail, Amphalla shall provide treatment to the petitioner as shall be prescribed by the Medical Board. The aforesaid has been upheld by The High Court of Jammu and Kashmir and Ladakh while adjudicating the case of Geeta Devi v. Union Territory of J&K and anr. [Bail App No. 108/2021] which was decided upon by a single judge bench comprising Justice Rajnesh Oswal on 27th August 2021.
The facts of the case are as follows. The petitioner has filed the present bail application for grant of bail primarily on health ground. It is stated that the petitioner is 51 years of age and was arrested on 23.04.2020 and since then, she has been lodged at District Jail, Amphalla. It is further stated that the petitioner has serious heart ailment, which has the potential of being fatal if not attended and cared properly. It is further stated that the petitioner has been falling in the trap of depression and with each passing day, her health condition is deteriorating. Mr. Rahul Bharti, learned senior counsel for the petitioner vehemently argued that the petitioner is suffering from heart ailment as well as the severe depression, so she is entitled to bail. Mr. Bhanu Jasrotia, learned GA appearing vice Mr. Aseem Sawhney, learned AAG vehemently argued that the petitioner cannot be enlarged on bail as she has been facing trial for the commission of heinous offence of murder and she was the main conspirator and further that the petitioner is not suffering from any disease for which the treatment is not available in the Jail.
The court perused the facts and arguments presented. It was of the opinion that “it is evident that the petitioner is suffering from the heart ailment as also from the depression. As the petitioner is facing trial for the commission of offence under Sections 302, 120-B, 429 IPC and 3/25/27 Arms Act, so the petitioner cannot be enlarged on bail, however, taking into consideration the health status of the petitioner, this Court deems it proper to direct the Principal Government Medical College, Jammu to constitute a Medical Board for the examination of the petitioner in view of the ailments being suffered by the petitioner and Superintendent District Jail, Amphalla shall provide treatment to the petitioner as shall be prescribed by the Medical Board.”
