Lalji Singh vs The State Of Madhya Pradesh
2021 Latest Caselaw 4998 MP

                                      1                      Cr.A.No.5559.2017



              THE HIGH COURT OF MADHYA PRADESH
                     Criminal Appeal No.5559.2017
                (Lalji Singh & Anr. Vs. The State of M.P.)

Gwalior, dated :3.9.2021

      Shri Atul Gupta, learned counsel for the appellants.

      Shri R.K. Awasthi, learned Public Prosecutor for respondent/State.

This criminal appeal assails the judgment dated 16/11/2017 passed

in S.T.No.291/2009 by the First Additional Sessions Judge, Bhind (M.P.)

whereby appellant No.1- Lalji Singh has been convicted as under:

    Section           Imprisonment         Fine
    302 of IPC        LI                   Rs. 10,000/- with default
                                           stipulation
    307/149 of IPC 7 Years RI              Rs.10,000/- with default
                                           stipulation
    148 of IPC        3 Years' RI          Rs.3,000/-    with    default
                                           stipulation

I.A.No.26310/2021, fourth repeat application u/S.389(1) CrPC for

grant of suspension of sentence moved on behalf of appellant No.1- Lalji

Singh, is taken up and considered.

It is submitted by learned counsel for appellant No.1-Lalji Singh

that this is the fourth application for grant of suspension of sentence. Vide

order dated 11/6/2021, this Court had temporarily suspended the jail

sentence of the appellant No.1 for a period of 90 days and he has not

misused the bail so granted to him by way of suspension of sentence. The

period of suspension of jail sentence of the appellant No.1 is going to

expire on 11/9/2021. It is further submitted that the appellant is aged

around 64-65 years and is suffering from heart ailment and taking regular

treatment but his condition is not good and needs further regular

treatment. It is also submitted that continuous treatment of heart is

required for appellant No.1, which is not available in jail. Effective

transport system for seriously ill patients (prisoners) from jail to hospital

is also not available. In support of his treatment, documents have been

filed by the appellant. Hence, prays for grant of temporary suspension of

sentence for a further period of 90 days to the appellant.

In view of the above and the orders passed by the Co-ordinate

Bench of this Court in PIL and the Principal Seat in W.P.No.9320/2021

[In Reference (Suo Motu) Vs. The State of M.P. & Ors.] are continue in

operation, this Court is inclined to extend the period of interim bail

granted to the appellant vide order dated 11/6/2021 for another 90 days

(Ninety Days) on the same terms and conditions.

The appellant shall surrender himself to custody before the

concerned Magistrate immediately after expiry of further period of

interim bail of 90 days on same terms and conditions as per order dated

11/6/2021.

I.A.No.26310/2021 stands disposed of in above terms.

It is often seen that various applications/petitions are being filed by

mentioning the grounds of medical treatment for release of the prisoners.

Whenever such grounds are raised, the Courts are required to consider the

applications/petitions only on the ground of ailment of the prisoners. It is

also seen that some doctors are deputed for the health care of the

prisoners. The ratio of deputed doctors is very low. The primary health

care facilities are not available in jail dispensaries. Effective/secured

transport system for transporting the prisoners for treatment is also not

available in jail.

Therefore, we hereby advise and expect from the State that State

should ensure to provide primary health services to the prisoners by

keeping their records up-to date. It is also expected from the State to

ensure that at least one primary health center should be established in jail

campus having facilities to treat the ailments relating to heart, kidney,

liver etc., and also to ensure that Specialist/Experts relating to aforesaid

various ailments be provided in such primary health center to the

prisoners.

At this stage, kind attention is also invited to land mark judgment

passed by the Apex Court in the case of Parmanand Katara vs. Union

of India & Ors.[AIR 1989 SC 2039]; whereby, various directions have

been given for the betterment of medical facilities in jail custody.

Under the Constitution of India, role of judiciary in protecting the

rights of the prisoners has been specified and judiciary has an obligation

and a constitutional role to protect human rights of citizen as per the

mandate of the Constitution. The prisoners are also human beings and

their human rights are required to be safeguarded, as observed in the

judgment passed by the Apex Court in the case of Hussainara Khatoon

& Ors. vs. Home Secretary, State of Bihar:[AIR 1979 SC 1369].

Hence, State counsel is hereby directed to submit a detailed report

with regard to medical facilities available in jail.

Let this appeal be listed in the 1st week of October, 2021.

A copy of this order be sent to the State Counsel for necessary

compliance.

               (Sheel Nagu)                         (Rajeev Kumar Shrivastava)
                  Judge                                       Judge

pwn*
       Pawan
       Kumar
       2021.09.06
       16:48:40
       +05'30'