Narendra Ku. Sarathi v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.Cr.C.No.6619 of 2016 Narendra Ku. Sarthi, son of Late Puniram Sarthi, aged about 37 years, resident of village Baloda, P.S. Baloda, District Janjgir-Champa (CG) ---Applicant

Versus

State of Chhattisgarh, through the Station House Officer, P.S. Chakradhar Nagar, Raigarh, District Raigarh ---Non-applicant For Petitioner :

Mr.Shailendra Dubey, Advocate For Non-applicant :

Mr. Gary Mukhopadhyay, Dy.G.A.

Hon'ble Shri Justice Sanjay K. Agrawal Order on Board 18/11/2016 1.

This is the third bail application filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail to the applicant who has been arrested in connection with Crime No.49/2015, registered at Police Station-Chakradhar Nagar, District-Raigarh (CG), for the offence punishable under Sections 420, 467, 468 and 471 of the IPC. 2.

Learned counsel for the applicant would submit that the applicant has not committed any offence and he has falsely been implicated in crime in question. He is in jail since 4/5.3.2015. He would further submit that the applicant is suffering from Ankylosing Spondylities and Sickle Cell trait. He would also submit that the National Human Rights Commission has also issued a direction for grant of bail to terminally ill patient on medical ground. The Jail Superintendent, Raigarh vide letter dated 4.12.2015 has also sought medical opinion from the Medical Specialist, District Hospital, Raigarh and the District Hospital,

Raigarh in the said recommendation has held that the applicant is terminally ill patient, therefore, he may be released on regular bail. 3.

On the other hand, learned Deputy Government Advocate appearing for the State would oppose the bail application and submit that there is difference between sickle cell disease and sickle cell trait. Sickle cell trait is not a disease and the person can leave normal life. 4.

I have heard learned counsel appearing for the parties and perused the documents.

5.

Taking into consideration the facts and circumstances of the case, nature and gravity of the offence, further taking into consideration the illness of the applicant, also taking into consideration a direction issued by the National Human Rights Commission that terminally ill patient should be released on bail on medical ground and considering the fact that he is terminally ill duly certified by competent Medical Officer and the fact that he is in jail since 4/5.3.2015, this Court is of the opinion that present is a fit case, in which, the applicant should be enlarged on regular bail.

6.

Accordingly, the third bail application filed under Section 439 of the Cr.P.C. is allowed.

7.

It is directed that the applicant shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like sum to the satisfaction of the concerned trial Court, for his appearance as and when directed.

Sd/- (Sanjay K. Agrawal) JUDGE B/-