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2022 (3) TMI 1426 - CALCUTTA HIGH COURTSeeking grant of bail - bail sought on the medical grounds - physically fit to face the trial procedures or not - Section 439 of the Code of Criminal Procedure - HELD THAT:- On 23rd February, 2021, the Medical Board of NIMHNS observed that the accused is maintaining improvement and is fit to face the trial procedures. Considering the said report, the prayer of the accused for bail was earlier rejected by a coordinate bench of this Court on 13th April, 2021. The Special Leave Petition filed by the petitioner challenging the said order was rejected on 19th April, 2021. The accused was thereafter shifted to the Institute of Psychiatry and his health status was under constant monitoring. The Medical Board in its report dated 3rd December, 2021, observed that the petitioner is alert, conscious and cooperative. In the reports dated 20th December, 2021 and 25th January, 2022 it has inter alia been stated that the accused is maintaining well on medication and that no neurological and neurosurgical intervention is necessary. Prima facie, it is thus not acceptable that the health status of the accused had deteriorated. He had been kept under constant monitoring by doctors and whenever required, he had undergone treatment in one of the best institutes of Psychiatry in the State. The State had discharged its duty by providing specialised medical treatment to the accused in one of the best institutes in the State and has been bearing the necessary expenditure. As the ailment of the accused has not aggravated and as he has been kept under constant monitoring by the authorities, the bail, as prayed for, at this stage, cannot be granted - application dismissed.
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