Bahsir Khan vs State Of Rajasthan
2021 Latest Caselaw 4906 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 138/2021

Bahsir Khan S/o Sh. Raimal Khan, Aged About 48 Years, B/c Mohammedan , R/o Jalandhari Didaniya , P.s. Pokran , Distt. Jaisalmer (Raj.) (Presently Lodged In Central Jail , Jodhpur)

----Petitioner Versus State Of Rajasthan, Through Pp

----Respondent

For Petitioner(s) : Mr. Vineet Jain For Respondent(s) : Mr. N.S. Bhati, PP

HON'BLE MR. JUSTICE SANDEEP MEHTA HON'BLE MR. JUSTICE DEVENDRA KACHHAWAHA

Judgment

22/02/2021

The applicant-appellant seeks temporary bail on medical

grounds. Learned Public Prosecutor submitted the medical report

of the appellant received from the M.D.M. Hospital, Jodhpur. The

certificate dated 13.02.2021 issued by the MDM Hospital, Jodhpur

is reproduced hereinbelow for the sake of ready reference:-

"Mr. Bashir S/o Raimal Khan 55 years old male patient admitted in our hospital on 29-01-21 with complaint of altered sensorium and left sided weakness. He is known case of military tuberculosis. Neurologist opinion was taken and brain imaging was done. MRI findings are suggestive of sub acute and chronic Ischemic strokes and CSF findings are suggestive of tuberculosis meningitis. Diagnosis of tuberculosis meningitis is made. Patient started on

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anti tubercular therapy under RNTCP with steroids and other relevant medications. Subsequently patient improved with medications and on admission patients hemoglobin was 8.4 gm and on 11-02-21 was 11.03 gms. Repeat neurologist and chest physician opinion was taken and they advice to continue same treatment.

Patient is responding to ATT and he is now conscious, afebrile, vitally stable having his BP 110/70, pulse rate is 62 per minute and SP02 is 98% on room air."

An report dated 11.02.2021 available on record reflects that

the appellant is also suffering from Ischemic Infarcts (MRI) with

left side hemiplegia.

In view of these two medical reports, there is no reason to

doubt the assertion made in the instant application for temporary

bail that the medical condition of the appellant is precarious and

that he needs proper treatment at a higher centre.

In this background, we hereby accept the instant application

for SOS (Temporary) and direct that the applicant-appellant Bahsir

Khan S/o Shri Raimal Khan shall be released on temporary bail for

a period of sixty days from the date of his release provided he

furnishes a personal bond in the sum of Rs.1,00,000/- with two

sureties in the sum of Rs.50,000/- each to the satisfaction of the

trial court whereupon the sentences awarded to the applicant-

appellant shall remain suspended for a period of sixty days from

the date of his release. The Superintendent, Central Jail,

concerned shall give the date of surrender to the appellant as per

(3 of 3) [SOSA-138/2021]

the date on which he is released from custody. Needless to say

that after completion of the aforesaid period, the applicant-

appellant shall surrender before the concerned jail authorities.

The application for temporary bail is allowed accordingly.

(DEVENDRA KACHHAWAHA),J (SANDEEP MEHTA),J

40-Sudhir Asopa/-

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