Vishal vs State of Punjab

Gurdev Singh, J.

Crl. Misc. No. 41688 & 41689 of 2010

Heard.

Crl. Misc. applications are allowed subject to all just exceptions.

Crl. Misc. No. M-22572 of 2010

This petition u/s 439 of the Criminal Procedure Code has been filed by petitioner-Vishal for grant of interim regular bail in FIR No. 75 dated 31.5.2010 registered at Police Station Division No. 5, Jalandhar, u/s 304 IPC.

The prayer for interim bail can be made only if the accused applies for regular bail.

It has been submitted by the learned Counsel for the petitioner that the petitioner made a prayer for interim bail before the Sessions Judge in the application for regular bail moved before him and that the same was dismissed. The petitioner may approach this Court after dismissal of his regular bail itself.

It is a case which involves the medical treatment of the petitioner also. First he approached the Magistrate, who issued the direction to the Superintendent of Central Jail, Jalandhar, to refer him in custody to a government/private hospital where facility of MRI of his knee joint was available, as permissible under the rules. He was sent to the Civil Hospital, where there was no provision of MRI. The Superintendent of Jail disobeyed the direction issued by the Magistrate by not sending the petitioner to some private hospital where MRI was available. The petitioner again moved the Magistrate for issuance of further direction to the Superintendent of Jail for his medical treatment from the private hospital at the expenses of the government or at his own expenses in some charitable hospital. On that application, direction was issued to that effect on 5.8.2010.

Vide order dated 6.8.2010, notice was issued to the Superintendent of Jail to disclose whether the petitioner was sent to any such hospital and, if not, to furnish his explanation for not complying with the order of the Magistrate. That order was passed in view of the first direction issued by the Magistrate, which was passed on 2.7.2010. The Superintendent of Jail has furnished his affidavit. He has deposed therein that the petitioner had refused to bear the expenses of MRI of private Institution and, as such, he was sent to the Civil Hospital and that after the receipt of the second order dated 5.8.2010, the MRI was got done from NMR Scanning & Research Center Pvt. Ltd., Jalandhar. He also deposed therein that the petitioner is under regular treatment at Jail hospital. There is compliance of both the orders passed by the Magistrate.

Keeping in view the ailment of the petitioner, the Superintendent of Jail is to get him treated from the Civil Hospital, Jalandhar, if proper treatment of his ailment is not available in the jail hospital. In case, the treatment of that ailment is also not available in the Civil Hospital, then, as per the the wish shown by the learned Counsel for the petitioner, he be got treated from Guru Nank Mission Hospital, Jalandhar.

The petition is disposed of accordingly.