Pradeep Ramdanee v. State

1. Present bail application has been moved on behalf of the petitioner under Section 439 of Cr.P.C. for grant of interim bail for period of 90 days on the ground that he has to undergone Cataract surgery.

2. Learned counsel for the petitioner submits that petitioner is suffering from various ailments and he requires immediate medical intervention and follow ups for saving his eye sight. Learned counsel submits that the jail authorities are not paying any attention to the medical issues and therefore in the interest of the health of the petitioner he may be admitted to interim bail for 90 days.

3. Learned standing counsel for the State submits that a similar request has been declined by the learned Additional Sessions Judge vide detailed order dated 21.11.2022. Learned standing counsel further submits that learned Additional Sessions Judge has gone into the medical issues in detail and directed that the petitioner may taken to the Centre of his own choice for the cataract surgery. The direction was issued to take the petitioner to the Sharp Sight Centre on 24.12.2022. Learned standing counsel further submits that as per the latest report dated 21.12.2022 received from the Superintendent Jail, the petitioner was taken to the centre on 24.11.2022, 09.11.2022 and 17.12.2022 for management of his illness and on the last date, the surgery date has been fixed by Sharp Eye Centre on 24.12.2022 at 10.30 a.m. Learned standing counsel submits that as per instructions the jail authorities shall follow the order of the learned Additional Sessions Judge and undertakes to provide all necessary medical treatment and follow up to the petitioner.

4. Learned counsel for the petitioner submits that on 24.12.2022, the surgery is not fixed and only some medicines will be administered.

5. I have considered the submissions.

6. Learned Additional Sessions Judge on 21.11.2022 after taking into account the plea made by the petitioner and the medical condition noted that the petitioner needs right eye cataract surgery, it was inter alia held, as under: “Having gone through the medical documents at least this fact is very much apparent from the record that above said accused/applicant certainly needs right eye cataract surgery, which is generally required to be carried out at the earliest so that there should not be any unnecessary other complications. Therefore in view of such advise already received, no case is made out for interim bail. However it is directed that accused can get himself examined, as well as for other diagnostic process and ultimately for cataract surgery from the eye centre of his own choice i.e. Sharp Sight Centre while being in judicial custody. Jail authorities are directed to take the accused to the above said eye centre on 24.11.2022 and thereafter to follow up as per the advise from the doctor concerned. In this regard concerned doctors are requested to take the case of accused/ applicant on priority so that process can be completed at the earliest within 15 days, It is being made clear that while accused is being taken to above said centre in judicial custody, he would be allowed to meet only doctor concerned and family members and none else. Jail authorities are directed to ensure in this regard and any deviation would be viewed very seriously.”

7. The report of Superintendent Jail dated 21.12.22 specifically states that pursuant to the orders of learned Additional Session Judge, the petitioner was referred to Sharp Sight Centre (private hospital) on 24.11.2022, 09.12.2022 and 17.12.2022 for management of his illness. It was further stated that on his last visit, after his clinical evaluation, the petitioner was advised cataract surgery in his right eye and next date of appointment is given on 24.12.2022 at 10.30 a.m.

8. Learned standing counsel has given an undertaking on instructions from the Superintendant Jail that all medical attention shall be provided to the petitioner.

9. This court is of the firm view that every prisoner needs adequate and effective medical treatment. However, for every treatment it may not be necessary to admit such person on interim bail. The perusal of the order dated 21.11.2022 passed by learned ASJ and taking into account the follow up done by the Superintendent Jail as revealed from the report dated 21.12.2022, it is clear that the Jail authorities are providing effective and adequate treatment to the petitioner. The Jail authorities are directed to comply with the orders dated 21.11.2022 of the learned Additional Sessions Judge in letter and spirit. The petitioner be taken to Sharp Sight Centre (private hospital) for right eye cataract surgery in custody in terms of order dated 21.11.2022 of learned ASJ and even further, if so advised by the treating doctor.

10. With the above directions, the petition stands disposed of.

DINESH KUMAR SHARMA, J DECEMBER 23, 2022