Excelsior Correspondent
SRINAGAR, June 27: The High Court has granted a limited four months bail to an accused involved in drug trafficking on medical grounds and left it to the trial court for extension of bail upon expiry of four months on the basis of assessment of medical condition of accused.
Accused- Parvaiz Ahmad Hanga has been granted bail by the court of Justice Rahul Bharti keeping in view of his medical condition. “…this Court comes to a confirmed situation that the kidney functioning of the petitioner-Hanga is compromised and that requires not only recurring medical monitoring but also attention, specialized medical treatment and care.
The court granted bail to him for a duration of four months subject to the furnishing of bond, personal as well as surety, to an amount of Rs. 5 lakhs each to the satisfaction of the court of Principal Sessions Judge, Ganderbal.
The court directed the court below to settle terms and conditions of the bail hereby granted and then enlarge the petitioner-Hanga on bail. “Any further extension of bail upon expiry of a period of four months, is to be considered by the learned trial court on the basis of assessment of medical condition and reports related to the petitioner”, reads the order.
The petitioner- Hanga, acting through his wife has come forward, as an under-trial in custody, invoking jurisdiction of this Court under Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023, for seeking bail in a criminal case initiated by reference to FIR No. 23/2024 registered by the Police Station, Lar District Ganderbal.
The fact of the matter is that a motorcycle upon being signaled to stop at a police naka set up at Yenhama, Lar driven by a motor cyclist tried to flee but got caught resulting in search and discovery of polythene bag containing three (03) bottles of Tusklis-T leading to further discovery of facts in interrogation that there are other persons involved in the illicit activities.
The court said, the ponder-able aspect in such a situation is to weigh whether to let an ailing and sick accused person under custody to get the medical treatment as per the Prison/Jail’s protocol, without being enlarged on bail enabling him to fend for himself.
“Drawing from practical understanding and experience, even the jail authorities may, in any given case, in very realistic terms nurse a concern for an ailing/sick under trial person in custody and intend his or her family members/relatives to be proactive and involved so as to get the ailing/sick accused person not only medically but personally attended for his or her quick recovery and betterment”, Justice Bharti observed.
The court further added that Prison system and administration in India, in terms of its infrastructure and resources, is ever overburdened and over-stretched with shortage of space and manpower to deal with crowds of prisoners in routine.
In such like scenario court added, to expect an ailing/sick prisoner with an aggravating medical condition to get and receive full and timely care and attention of the jail authorities without fail would be a utopian rather than a realistic expectation as such granted bail of 4 months to accused-Hanga subject to condition laid down by the trial court.
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