Case: STATE OF U.P Vs. GAYATRI PRASAD PRAJAPATI

10.06.2020 has been brought on record, the medical board report dated 10.06.2020 states:- To, Chief Medical Officer, Lucknow, uttar Pradesh. Respected Sir, With reference to letter number IMAGE HERE 2o19/6o72-5 dated 08/08/2020 and instructions from Director, Dr. RML Institute of Medical Sciences, Lucknow, UP, we were nominated as members of medical board under the chairmanship of C.M.O. Lucknow. After closely going through the medical records of Mr. Gayatri Prajapati aged 54 years, male from district jail hospital, Lucknow and King Georges Medical University, Lucknow the following observations were made:- l. The patient is suffering from type-2 diabetes mellitus, benign prostate enlargement, renal dysfunction, low back pain related to seronegative spondylorthropathy. 2.There is no major disparity in the treatment of the patient from both the hospitals and considering the current reports, patient can continue treatment at jail hospital but in view of renal dysfunction and seronagative spondylorthropathy, consultation from nephrologist and orthopedician is advisable. 3. Patient needs control of blood sugar under supervision of endocrinologist. 11. Before the High Court, an affidavit was also filed by the State dated 12.06.2020 bringing on record medical treatment report of S.G.P.G.I.M.S. The affidavit clearly stated that S.G.P.G.I.M.S., Lucknow offers unmatchable and unsurpassable medical expertise in numerous field and patients from far off places come to S.G.P.G.I.M.S., Lucknow for availing specialised medical treatment. 12. The High Court by the impugned order dated 03.09.2020 has directed for release of the respondent on medical grounds, although the order runs in 23 pages but it is the paragraph 27 of the judgment, which gives the reasoning for grant of interim bail. Paragraph 27 is as follows:- 27. Having considered the facts and circumstances of the present case and the applicants medical condition, which is confirmed by the medical status report, it shows that the applicant is suffering from disease i.e. UTI with Diabetes mellitus with HTN with Bamboo spine with seronegative Spondylorthropathy; proper treatment is not available in K.G.M.U. Hospital, Lucknow and doctors have advised proper treatment from multiple super specialties, at a tertiary care super specialty hospital; further threat to the applicants health in the prevailing times of Covid-19 pandemic is real and imminent; and in view of the assurances extended on behalf of the applicant that he shall not apprehend or influence the prosecutix and her family members, this Court is persuaded to grant the applicant, Gayatri Prasad Prajapati, interim bail for a period of two months from the date of his release, subject to the following conditions: XXXXXXXXXXXX (ii) The applicant shall not leave the country without prior permission of the trial court and shall ordinarily reside at a place of residence, as assured, far from the place of residence of the prosecutrix and her immediate family; and the complete address of such place shall be furnished to the Jail Superintendent at the time of release; XXXXXXXXXXXXX 13. The High Court in its judgment relies on following:- (a) Applicants medical condition, which is affirmed by medical status report showing that applicant is suffering from disease, i.e., UTI with Diabetes mellitus with HTN with Bamboo spine with seronegative Spondylorthropathy; (b) Proper treatment is not available in K.G.M.U., Lucknow; (c) Doctors have advised proper treatment from multiple super specialities, at a tertiary care super speciality hospital; and (d) Threat to the applicants health in the prevailing times of COVID-19 pandemic is real and imminent. 14. The medical condition of the respondent, the treatment given and various reports including the report of medical board were on the record. The S.G.P.G.I.M.S. is a super-speciality hospital where the respondent has been referred for specified purposes and report of S.G.P.G.I.M.S. has also been brought on the record as Annexure P-10 alongwith the letter dated 10.06.2020 addressed to Chief Medical Superintendant, S.G.P.G.I.M.S., Lucknow. The medical report of the respondent dated 10.06.2020 in final evaluation states:- Final Evaluation Glycemia : better controlled Hypertension : well controlled Pulmonary consult: Completed, advised as per notes above Urology work-up on- going. 15. The above report of the S.G.P.G.I.M.S., i.e., the super-speciality hospital, which was on the record as well as report of the medical board dated 10.06.2020, which was brought in the notice of the High Court have neither been considered nor referred to by the High Court in the impugned order. When the respondent was being given treatment in the super-speciality hospital, i.e., S.G.P.G.I.M.S. as recommended by K.G.M.U., we fail to see as to what were the shortcomings in the medical treatment offered to respondent, which could have been the basis for grant of interim bail on medical ground. Further, as per condition (ii) mentioned in paragraph 27, the High Court contemplated that respondent shall ordinarily reside at a place of residence, as assured, far from the place of residence of the prosecutrix and her immediate family, thus, the contemplation was that respondent shall reside at his residence. There was no satisfaction recorded by the High Court that treatment offered to respondent was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the respondent on interim bail on medical grounds. 16. Dr. Dhawan submits that every person, who is accused of an offence, even if the offence is a serious offence, requires a humane treatment by the prison authorities. There can be no two views with regard to above. Humane treatment to all including an accused is requirement of law. Furthermore, a prisoner, who is suffering from an ailment, has to be given due treatment and care while in prison. 17. Learned counsel for both the parties have referred to Clinical Summary dated 09.09.2020 as well as the letter dated 05.10.2020 of K.G.M.U. referring the respondent to S.G.P.G.I.M.S. for NCV testing. 18. Even as on date, due medical care is being taken of the respondent, which is apparent from the additional documents filed as Annexure A-2 and Annexure A-3 alongwith the application dated 10.10.2020. The High Court, without considering the entire materials on record, has passed the impugned order dated 03.09.2020, which is unsustainable.

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]8. In the present appeal, our consideration is confined only to the interim bail, which has been granted to the respondent by order dated 03.09.2020. The Bail Application No. 5743 of 2019 being still pending in the High Court, our considerations and observations are only with respect to order granting interim bail and shall have no bearing on the merits of the bail application, which is pending consideration before the High Court.9. From the facts of the case, as noted above, it is clear that on 03.05.2019, the respondent was admitted in K.G.M.U. and after more than seven months discharged on 17.01.2020.14. The medical condition of the respondent, the treatment given and various reports including the report of medical board were on the record. The S.G.P.G.I.M.S. is a super-speciality hospital where the respondent has been referred for specified purposes and report of S.G.P.G.I.M.S. has also been brought on the record as Annexure P-10 alongwith the letter dated 10.06.2020 addressed to Chief Medical Superintendant, S.G.P.G.I.M.S., Lucknow. The medical report of the respondent dated 10.06.2020 in final evaluation states:-Glycemia : better controlledHypertension : well controlledPulmonary consult: Completed, advised as per notes aboveUrology work-up on- going.15. The above report of the S.G.P.G.I.M.S., i.e., the super-speciality hospital, which was on the record as well as report of the medical board dated 10.06.2020, which was brought in the notice of the High Court have neither been considered nor referred to by the High Court in the impugned order. When the respondent was being given treatment in the super-speciality hospital, i.e., S.G.P.G.I.M.S. as recommended by K.G.M.U., we fail to see as to what were the shortcomings in the medical treatment offered to respondent, which could have been the basis for grant of interim bail on medical ground. Further, as per condition (ii) mentioned in paragraph 27, the High Court contemplated that respondent shall ordinarily reside at a place of residence, as assured, far from the place of residence of the prosecutrix and her immediate family, thus, the contemplation was that respondent shall reside at his residence. There was no satisfaction recorded by the High Court that treatment offered to respondent was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the respondent on interim bail on medical grounds.18. Even as on date, due medical care is being taken of the respondent, which is apparent from the additional documents filed as Annexure A-2 and Annexure A-3 alongwith the application dated 10.10.2020. The High Court, without considering the entire materials on record, has passed the impugned order dated 03.09.2020, which is unsustainable.