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HC directs accused out on medical bail to surrender as cops couldn’t contact his doc

The man had sought bail for treating a kidney ailment but failed to get the treatment done during the period he was released.

By: Express News Service | Mumbai |
Updated: October 16, 2021 12:09:06 am
The man had sought bail for treating a kidney ailment but failed to get the treatment done during the period he was released. (Representational)

The Bombay High Court recently asked an accused, who was granted bail on medical grounds since June this year, to surrender to the jail by October 21 after police officers were unable to contact the man’s doctor to ascertain his exact medical condition.

The man had sought bail for treating a kidney ailment but failed to get the treatment done during the period he was released.

The court asked the man to submit his medical papers to the jail authorities and asked them to scrutinise the same to find out his medical condition and to refer him to an independent medical board constituted by J J Hospital to evaluate his health condition and thereafter decide on whether he needs to be released temporarily.

A single-judge bench of Justice Nitin W Sambre was on October 12 hearing the bail plea on health grounds filed by one Mohammad Furkan Faroukh Shaikh, who was accused of murder under section 302 of IPC.

Shaikh had moved the HC seeking temporary bail citing kidney ailments. His plea was allowed on June 25 this year and he was asked to intimate the investigating officer about his treatment every week, which Shaikh claimed he had complied with.

He underwent prostate surgery and time and again sought extension before the HC on the ground that he has a serious kidney ailment and the doctor had advised renal transplantation.

The court noted that efforts made by the IO to contact the doctor having first-hand information about Shaikh’s health condition were not properly attended to and that the IO was time and again required to visit the said doctor.

As a result, the HC on October 7 directed Shaikh to surrender his bail bonds within a week, and the period was to expire on October 13.

Advocate S V Marwadi sought further relief on the ground that the applicant’s scan to decide further treatment was scheduled on October 13 and another scan within 48 hours thereafter.

Justice Sambre orally remarked, “You (applicant) have rights, what about the rights of the deceased person’s family? You are misusing the court now. The doctor is also giving you a certificate as per your convenience. He has no time to respond to police calls. It is your duty to see that doctor responds.”

Marwadi assured that the applicant would be surrendering to his bail bonds by October 21 (post-Eid), which the court granted.

The bench directed, “Once the Applicant surrenders, the Medical Officer attached to the Jail shall scrutinize the entire medical record of the applicant, including one which shall be produced after temporary release of the Applicant and make a detailed report reflecting the health condition of the applicant.”

The HC also asked the medical board of J J Hospital “to comment on whether temporary release of the applicant in the wake of medical treatment to be administered to the applicant is recommended”.

Seeking reports of the J J Hospital medical board and medical officer of the jail by the next date of hearing on October 28, the HC said it will accordingly consider the request of the applicant for grant of temporary release for medical treatment.

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