Geeta Devi vs Union Territory Of J&K And Anr
2021 Latest Caselaw 985 j&K

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                              Reserved on    23.08.2021
                                              Pronounced on: 27.08.2021

                                              Bail App No. 108/2021
                                              CrlM No. 645/2021
                                              CrlM No. 644/2021

Geeta Devi                                         .....Appellant(s)/Petitioner(s)


                      Through: Mr. Rahul Bharti, Sr. Advocate with
                               Mr. Ateet Sapolia, Advocate.
                Vs
Union Territory of J&K and anr.                               ..... Respondent(s)


                      Through: Mr. Bhanu Jasrotia, GA vice
                               Mr. Aseem Sawhney, AAG


Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                  JUDGMENT

1. The petitioner has filed the present bail application for grant of bail

primarily on health ground. It is stated that the petitioner is 51 years of

age and was arrested on 23.04.2020 and since then, she has been lodged

at District Jail, Amphalla. It is further stated that the petitioner has

serious heart ailment, which has the potential of being fatal if not

attended and cared properly. It is further stated that the petitioner has

been falling in the trap of depression and with each passing day, her

health condition is deteriorating.

2. The petitioner had earlier filed a bail application before the learned trial

Court but the same was rejected vide order dated 16.04.2021 and now

the present bail application has been filed by the petitioner.

3. Status report has been filed by the respondents narrating the factual

aspects those are not relevant for deciding the present bail application as

the petitioner has been seeking the bail on health grounds only and have

also placed on record the health status report of the petitioner.

4. Mr. Rahul Bharti, learned senior counsel for the petitioner vehemently

argued that the petitioner is suffering from heart ailment as well as the

severe depression, so she is entitled to bail.

5. Per contra, Mr. Bhanu Jasrotia, learned GA appearing vice Mr. Aseem

Sawhney, learned AAG vehemently argued that the petitioner cannot be

enlarged on bail as she has been facing trial for the commission of

heinous offence of murder and she was the main conspirator and further

that the petitioner is not suffering from any disease for which the

treatment is not available in the Jail.

6. Heard and perused the record.

7. The admitted fact is that the petitioner has been facing trial for the

commission of offence under Section 302, 120-B, 429 IPC and 3/25/27

Arms Act. Further the perusal of the health status report placed on

record by the respondents reveals that the petitioner is suffering from

Dyspnea on exertion with increased blood pressure. Further the

petitioner has undergone C.A.G (Coronary Angiography) on

23.10.2020, which showed normal coronaries with decreased blood

flow. The petitioner was advised medicines with review from the

Cardiologist. It was also stated that the petitioner has started showing

features of depression that includes unexplained excessive crying,

palpitation, loss of sleep etc. and further she is being given regular

counseling.

8. Be that as it may, from the record, it is evident that the petitioner is

suffering from the heart ailment as also from the depression. As the

petitioner is facing trial for the commission of offence under Sections

302, 120-B, 429 IPC and 3/25/27 Arms Act, so the petitioner cannot be

enlarged on bail, however, taking into consideration the health status of

the petitioner, this Court deems it proper to direct the Principal

Government Medical College, Jammu to constitute a Medical Board for

the examination of the petitioner in view of the ailments being suffered

by the petitioner and Superintendent District Jail, Amphalla shall

provide treatment to the petitioner as shall be prescribed by the Medical

Board.

9. Copy of this order be provided to Principal, Government Medical

College, Jammu as well as Superintendent, District Jail, Amphalla for

compliance.

10. Disposed of accordingly.

(Rajnesh Oswal) Judge Jammu 27.08.2021 Tarun

Whether the order is speaking: Yes Whether the order is reportable: Yes/No

TARUN KUMAR GUPTA 2021.08.27 16:28 I attest to the accuracy and integrity of this document