Rakesh Kumar vs State Of Himachal Pradesh
2023 Latest Caselaw 17190 HP

        IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
                                                         Cr. MP (M) No.2338 of 2023
                                                        Date of Decision: 31.10.2023




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     Rakesh Kumar                                                              ...Petitioner
                                             Versus
     State of Himachal Pradesh                                             ...Respondent
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     Coram:
     The Hon'ble Mr. Justice Sandeep Sharma, Judge.
     Whether approved for reporting?1 .
     -----------------------------------------------------------------------------
     For the Petitioner:                 Mr. Subhash Sharma, Advocate.

     For the Respondent:
                     r                  to    Mr. Rajan Kahol, Mr. Vishal Panwar
                                              and   Mr.   B.C.Verma,    Additional
                                              Advocate Generals with Mr. Ravi
                                              Chauhan and Ms. Sunaina, Deputy
                                              Advocate Generals.

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     Sandeep Sharma, J. (Oral)

While placing on record communication dated

27.10.2023, issued under the signature of Superintendent Jail,

District and Open Air Jail, Bilaspur, Himachal Pradesh, learned

Additional Advocate General states that as per the report of

Medical Officer, District & Open Air Jail Bilaspur, doctor of ortho

department, AIIMS Bilaspur, after having examined the bail

petitioner on 20th October, 2023 made following observations:-

1. Patient can be admitted for operative/procedure at AIIMS Bilaspur after security arrangement done by the police.

Whether reporters of the local papers may be allowed to see the judgment?

2. Patient would require hospitalization minimum for 5-7 days, which may increase on account of further requirement, if any.

.

2. Learned Additional Advocate General states that since

adequate facilities are available at AIIMS Bilaspur, there is no

justification to take bail petitioner to PGI, Chandigarh for treatment.

3. Faced with aforesaid situation, learned counsel

representing the petitioner seeks permission to withdraw the

present petition at this stage with liberty to file afresh at appropriate

stage, if required and desired.

4.

Consequently, in view of the above, the present

petition is dismissed as withdrawn with liberty as prayed for.

However, having taken note of the fact that petitioner requires

immediate surgery, this Court hopes and trusts that jail authorities

would ensure that petitioner is operated at the earliest so that he is

relieved of physical pain and suffering.

(Sandeep Sharma) Judge October 31, 2023 (shankar)