Smt. Maya ........Applicant/ vs State Of Uttarakhand
2022 Latest Caselaw 1303 UK

HIGH COURT OF UTTARAKHAND AT NAINITAL


     Bail AND Suspension of Sentence No.1 of 2022
                          In
            Criminal Appeal No.68 of 2022

Smt. Maya                        ........Applicant/Appellant

                            Versus

State of Uttarakhand                       ........Respondent


Present:-
Ms. Divya Jain and Ms. Gyan Mati Kushwaha, Advocates for the
applicant/appellant.
Mr. V.K. Jemini, Deputy Advocate General with Ms. Shivangi, Brief
Holder for the State.



Hon'ble Ravindra Maithani, J. (Oral)

Instant appeal is preferred against the judgment

and order dated 01.02.2022, recorded by the court of 4rd

Additional Sessions Judge, Haridwar in Sessions Trial

No.133 of 2020, State vs. Rajat Kumar and others. By the

impugned judgment and order, the appellant has been

convicted and sentenced under Section 304-B, 498-A IPC

and Sections 3/4 of the Dowry Prohibition Act, 1961. The

appellant has sought her release on bail.

2. Heard learned counsel for the parties and

perused the record.

3. The appellant Smt. Maya has filed bail

application. One of the main grounds for release on bail is

ailment of the appellant. Along with her bail application,

numbers of prescriptions have been filed to indicate that the

appellant is unwell. Reports were sought from the District

Jail, Haridwar. The Senior Superintendent, District Jail,

Haridwar has filed an affidavit along with a report of Dr.

K.K. Garg, Medical Officer, District Jail, Haridwar.

4. The appellant is a 60 years old woman.

According to the report of the doctor, the appellant is a

patient of Blood Sugar, she has ear problems, she is a

diagnosed case of Diabetics with Hypertension with mild

CKD (Chronic Kidney decease) with CAD.

5. In para 12 of the report, Dr. K.K. Garg has stated

that the appellant needs further management/ treatment of

her ailment by the Physician and Nephrologists. The report

is not suggestive that any such steps have been taken to

seek advice from the Physician or the Nephrologists or she

has undergone any investigation for the purpose.

6. Without adverting to the merits, in view of the

medical reports as received from the District Jail, Haridwar,

purely on the humanitarian ground, this Court is of the

view that the appellant, Smt. Maya may be enlarged on bail

for a period of eight weeks. After the ends of eight weeks,

the appellant may either surrender into custody or a week

or 10 days' prior to the expiry of the term may produce her

medical report, if she still remains under the treatment or

procedure.

7. Let the applicant be released on bail for a period

of eight weeks, during the pendency of the appeal on her

executing a personal bond and furnishing two reliable

sureties, each of the like amount, to the satisfaction of the

court concerned. After the ends of eight weeks, the

appellant may either surrender into custody or a week or 10

days' prior to the expiry of the term may produce her

medical reports, if she still remains under the treatment or

procedure.

8. The bail application is disposed of accordingly.

9. Let the copy of this order be supplied to the

learned counsel for the parties today itself, on payment of

usual charges.

(Ravindra Maithani, J.) 25.04.2022 Sanjay