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Vidha Ram v. State Of U.P. - CRIMINAL APPEAL No. 4899 of 2004  RD-AH 3121 (23 February 2007)
Hon'ble R.C. Deepak, J.
Hon'ble K.N. Ojha, J.
The appellant-accused Vidha Ram is convicted under Sections 376, 506 IPC in S.T. No.164 of 2000 arising out of case crime no. 30 of 2000 pertaining to police station Chandi Nagar, District Baghpat and has been awarded life imprisonment and a sum of Rs.20,000/- as fine under Section 376 IPC and 5 years rigorous imprisonment including Rs.2000/- fine in the remaining section. He has filed the criminal appeal against his conviction and sentence dated 26.7.2004 and had made a prayer therein for his release on bail during the pendency of his appeal before this Court, but his prayer for release on bail was refused on merit on 12.10.2004.
The present bail application is second one wherein a prayer has been made to release him on short-term bail on the ground of his ailment, as an urgent operation is required to be made of stone in his left upper Calyces Hydronephrosis.
We have heard the learned counsel for the appellant-accused, learned A.G.A. for the State and perused the record.
It has vehemently been argued by the learned counsel for the appellant-accused that the appellant is suffering from serious disease and an operation of stone in his left upper Calyces Hydronephrosis is required to be made and in this regard he has drawn the attention of the Court towards the relevant documents in regard to his disease and treatment, which are appended as Annexure nos. 1, 2, 3 & 4 to the Supplementary Affidavit. The consent of Head of Department, Department of Surgery, S.N. Medical College Agra has been accorded to operate the appellant on the request of Medical Superintendent, Central Jail, Agra, as is evidently clear from letters / applications dated 11.1.2007 and 12.1.2007 Annexure nos. 3 & 4 respectively. He further submits that in case the said operation is carried on the person of the appellant, six months' time is required to regain a normal health and speedy recovery after the operation.
We have taken into account the entire facts and circumstances of the case and the documents produced before us and we are of the view that although life is stringent, but precious one, therefore, in the interest of justice and equity both the appellant shall be released on short-term bail for a period of three months from the date of his actual release.
Consequently, the appellant Vidha Ram convicted under Sections 376, 506 IPC in S.T. No.164 of 2000, Police Station Chandinagar, District Baghpat shall be released on short-term bail for a period of three months on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned.
After the expiry of the aforesaid period, the appellant Vidha Ram shall put in his appearance before the Court of Chief Judicial Magistrate, Baghpat, who shall commit him to jail and in case of failure, the said C.J.M. shall initiate coercive measure, procure his attendance and land him in jail.
The Head of Department, Department of Surgery, S.N. Medical College, Agra shall inform the Court through Chief Medical Officer, Baghpat in regard to the operation, so proposed, of the appellant after carrying his operation.
The case shall be listed before us on 30th March, 2007.
Dated : 23rd February, 2007.
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