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2020 (10) TMI 1281 - SC - Indian LawsSeeking grant of Interim Bail - bail sought on medical grounds for a period of two months while directing listing of the regular Bail Application - HELD THAT:- The report of the S.G.P.G.I.M.S., i.e., the super-speciality hospital, which was on the record as well as report of the medical board dated 10.06.2020, which was brought in the notice of the High Court have neither been considered nor referred to by the High Court in the impugned order. When the Respondent was being given treatment in the super-speciality hospital, i.e., S.G.P.G.I.M.S. as recommended by K.G.M.U., we fail to see as to what were the shortcomings in the medical treatment offered to Respondent, which could have been the basis for grant of interim bail on medical ground. Further, as per condition (ii) mentioned in paragraph 27, the High Court contemplated that Respondent shall ordinarily reside at a place of residence, as assured, far from the place of residence of the prosecutrix and her immediate family, thus, the contemplation was that Respondent shall reside at his residence. There was no satisfaction recorded by the High Court that treatment offered to Respondent was not adequate and he requires any further treatment by any particular medical institute for which it is necessary to release the Respondent on interim bail on medical grounds. Humane treatment to all including an Accused is requirement of law. Furthermore, a prisoner, who is suffering from an ailment, has to be given due treatment and care while in prison. Even as on date, due medical care is being taken of the Respondent, which is apparent from the additional documents filed as Annexure A-2 and Annexure A-3 alongwith the application dated 10.10.2020. The High Court, without considering the entire materials on record, has passed the impugned order dated 03.09.2020, which is unsustainable - Appeal allowed.
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