Madhya Pradesh High Court
Jagdish Singh vs The State Of Madhya Pradesh on 21 July, 2025
Author: Anand Pathak
Bench: Anand Pathak
1 CRA-3598-2022
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
CRA No. 3598 of 2022
(JAGDISH SINGH AND OTHERS Vs THE STATE OF MADHYA PRADESH )
Dated : 21-07-2025
Shri Atul Gupta- learned counsel for appellants.
Shri B.P.S. Chauhan- learned Public Prosecutor for respondent-State.
I.A.No.14004/2025, is an application preferred on behalf of appellant
No.10- Radheshayam for grant of interim suspension of sentence and
bail on the ground of medical condition.
2. This criminal appeal assails the judgment dated 04/04/2022 passed
by the First Additional Sessions Judge, Ambah, District Morena (M.P.) in
S.T.No.05/2016 whereby appellant No.10 has been convicted and sentenced
as under:-
Section Imprisonment Fine Default in lieu
148 IPC One Year RI Rs. 2000/- two months SI
302/149 IPC Life Imprisonment Rs. 3000/- three month's SI
323/149 IPC
Six months RI (each) Rs. 500/- 15 days SI
(Six counts)
3. It is submitted by learned counsel for appellants that appellant
No.10- Radheshayam is not keeping well in Jail and suffering from
Kleoid scar on chest (Rheumatic heart disease). Therefore, he be released
on temporary suspension for sometime so that he can undergo medical
treatment at higher medical Centre. Appellant placed certain
documents/prescription papers of cardiologist in this regard.
4. Counsel for respondent-State placed medical report dated
19/07/2025 prepared by Medical Officer, Central Jail Gwalior. As per
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the report, appellant is suffering from RHD (Rheumatic Heart Disease)
post MVH 2022 Kleoid Scar on Chest. However, it is further mentioned
that medical treatment is being given to him from time to time and he is
referred to JA Hospital, Gwalior (Government Hospital attached to
Medical College) for follow up.
5. Heard the learned counsel for parties and perused the record.
6. In the instant case, appellant No.10-Radheshayam is seeking
temporary suspension on the basis of his medical condition. As
submitted, he is suffering from disease as referred above. From the
documents and submissions of counsel for parties, it appears that
appellant No.10-Radheshayam underwent medical surgery of valve
replacement in the year 2022. However, he is having some heart related
problems yet. Submissions of counsel for appellant indicate that he is
suffering from severe ailment and deserves medical attention at higher
medical Centre. However, counsel for respondent-State has different
versions. According to him. earlier surgical intervention took place.
However, his medical condition is being regularly taken care of by
regular followup. He is referred to JA Hospital, Gwalior, as and when
required.
7. Sometimes medical reports appear to be ambivalent and do not
opine in any specific terms. Sometimes reports come late and sometimes
very early. Besides that, authenticity of medical papers attached by the
accused at times doubted by Government counsel/prosecution. To bring
clarity to this issue, where accused is required to be given due medical
care and to protect his right to life and on the other hand, nobody can be
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permitted to get order of temporary suspension on prepared (or
fabricated) documents, it is better that whenever convicted/ accused
persons in criminal appeals make an application for temporary
suspension on the ground of severe ailment or life threatening disease
then they should be referred to District Medical Board which may take
medical examination of said accused in detail with special stress on the
ailment complained of and thereafter, submit its report through
Government Counsel. This would bring clarity and transparency in
assessment of medical condition of an accused. In case, accused is
suffering confinement at divisional or district Headquarter where Govt.
Medical College also functions, then accused may be referred to that
Medical College for which Dean of said Medical college would
constitute appropriate medical team, looking to the nature of ailment.
8. In the given set of facts to avoid subjectivity to prevail, let accused
be examined by Medical Board duly constituted by Dean, G.R. Medical
College, Gwalior (M.P.) so that actual medical condition of appellant
No.10 would come to the fore.
9. Needful be done within two weeks and report be submitted
accordingly.
List this matter in the week commencing 04/08/2025.
Copy of this order be sent to the Registrar General, High Court of
Madhya Pradesh, Jabalpur so that it may be circulated for issuing
appropriate directions in this regard.
4 CRA-3598-2022
(ANAND PATHAK) (HIRDESH)
JUDGE JUDGE
Prachi
