Allahabad High Court
Chhanga Prasad And Anr vs State Of U.P. And Another on 19 January, 2021
Bench: Rajendra Kumar-Iv
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 51
Case :- APPLICATION U/S 482 No. - 1902 of 2020
Applicant :- Chhanga Prasad And Anr
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rakesh Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
In Ref: Criminal Misc. (Time Extension) Application No. 1 of 2021.
Heard learned counsel for accused-applicants and learned AGA for State.
This application filed by applicants-Chhanga Prasad and Sita Ram to modify the order dated 14.1.2020 passed in Criminal Misc. Application U/S 482 No. 1902 of 2020 with following prayers :-
"to modify his lordship's order dated 14.1.2020 by granting further time to the applicant to surrender before the court below with a further direction to grant bail to the applicant, in view of section 437 of Cr.P.C. and special circumstances of pandemic of Covid-19; and/or pass such other and further order which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case."
On 14.1.2020, the following order was passed by this Court :-
"Upon the consideration of all circumstances of the case and rival submissions made by learned Counsel for the parties, medical papers of the applicants, their age and illness, present application under Section 482 Cr.P.C. is disposed of finally with a direction to the Courts below that if the applicants surrender and apply for interim and regular bail within a period of three months. Trial Court shall consider preferably on the same day, if possible, applicants' age, their illness and medical papers keeping in view the provisions under Section 437 Cr.P.C. and in view of the settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P., reported in 2004 (57) ALR 290 as well as judgment passed by Hon'ble Supreme Court in Lal Kamlendra Pratap Singh Vs. State of U.P. 2009 (3) ADJ 322 (SC) and judgement of Division Bench of this Court in Brahm Singh & others Vs. State of U.P. and others, 2016 (7) ADJ 151 in accordance with law.
For a period of three months from today or till their surrender whichever is earlier, no coercive action shall be taken against the applicants"
Learned counsel for the applicants submits that applicant No.1 is old person and aged about more than 80 years and applicant No.2 is almost same age. Both are real brother. They have been suffering from serious ailment for a long. They are undergone treatment of Sahara Hospital, Medanta Hospital Lucknow, SPGI Lucknow and Fortis Escorts Heart Institute, New Delhi. They are not in position to immediate surrender on account of their illness. It is next contended that due to Corona Pandemic-2019, there was a guideline issued by the Government of India for old persons who are more that 60 years of age not to move outside from the house.
It is further submitted that since 15.1.2020 till 15.3.2020, applicant No.1 was not well on account of his disease. He was advised by doctor treating him to avoid cold and winter season to save his life. Due to lockdown and advice of his doctor, he could not surrender before as directed by this Court. Thereafter from 22.3.2020, a complete lockdown was declared by the Government of India due to Covid-2019. Lastly, it is submitted that keeping in view the applicants' age and their ailment, they may be given proper time i.e. about six months to surrender in the aforesaid matter otherwise, applicants for want of medical aid, will loss their life.
On the other hand, learned AGA for State opposed but did not dispute the factual aspect of the matter.
Keeping in view the submissions advanced by the learned counsel for parties, age and ailment of the accused-applicants, it would be appropriate to have verification report from the Chief Medical Officer (CMO) concerned regarding the ailment of the accused-applicants and papers filed by them.
In view of above, it is directed to call for verification report from CMO concerned regarding the ailment of applicants and papers filed by them.
List again after submission of verification report by CMO concerned.
No coercive action shall be taken against the applicants till further order.
Order Date :- 19.1.2021
Akram
