BAIL ON MEDICAL GROUNDS I CASE REFERENCES I BRIEF I SUMMARY


LEGAL WEBSITE

CONTACT            


Medical Bail

Key Takeaways

Under the Code of Criminal Procedure, there is a provision in which an accused under medical grounds can request bail and this has been exercised by the Hon’ble court in a number of cases.


Even if he may have infringed the rights of another person, the accused is granted access to medical services as a matter of human rights.

Various articles of the United Nations Organization oblige states to protect the safety of not just innocent civilians but also convicts. 





quint news,the quint,breaking news,current affairs,political news,quint videos,breaking news today,varavara rao,varavara rao arrest,varavara rao bail,




Brief

Someone who commits a crime must be punished. When such a situation develops, the value of the Right to Life and Personal Liberty comes into play.

Article 21  of the Indian constitution grants each and every citizen of India, the right to live and the right to liberty that no citizen of India will be restricted from enjoying his life unless it is done under the procedure established by the law.

When the issue of an offender's freedom arises, the seriousness of his crime, as well as the threat he poses to society, must be weighed. As a result, the offences are classified as civil or criminal offences, depending on their nature. Based on the seriousness of the offence, criminal offences are further classified into bailable and non-bailable offences.

It is clear from the term that a person charged with a bailable offence is eligible for bail. Is this to say that a person charged with a non-bailable offence will never be granted bail?

Bail Provision on Medical Grounds in India

The provisions relating to criminal offences are governed by the Code of Criminal Procedure. The accused can request bail for bailable offences as a matter of right, however, this is not the case for non-bailable offences. The accused can grant bail for non-bailable offences as well, but he cannot claim it as a matter of right; rather, he must request bail from the Court, and the Court's decision on whether or not to grant bail is at its discretion.


The Court outlined the criteria to examine before granting bail in the matter of State of Maharashtra v. Sitaram Popat Vital [AIR 2004 SC 4258]. The type and severity of the offence, as well as the expected punishment, are the first and most important factors to examine if the accused is found guilty. It's also necessary to consider the possibility that the accused would try to tamper with the evidence or witnesses.


In Prahlad Singh Bhati v. NCT Delhi and Ors. [AIR 2002 SC 1475], the Supreme Court held that when the accused is under the age of 16, is a woman, or is unwell, the condition of not releasing the accused on the basis of the offence being punished by death or life imprisonment should not be imposed.


Section 437 of the criminal procedure code outlined the criteria to seek bail in the case of a non-bailable offence. If a person is arrested without a warrant for a non-bailable offence and present before the Hon’ble court other than the Court of Session or the High Court, he can be released on bail but only if he is facing the possibility of death or if he has been convicted twice before for crimes punishable by three years or more in jail. imprisonment, or if he has previously been convicted for a crime punishable by death, life imprisonment, or imprisonment for seven years or more. However, this is subject to the provision that the individual is freed if he is under the age of sixteen, a woman, or for medical reasons. The accused cannot be denied bail just because he is asked to provide identification. Before granting bail to the accused, the public prosecutor must be given an opportunity to be heard.

Instances of Medical Bail

Medical bail, or the practice of giving bail on medical grounds, has been around for a long time. Whether it's the case of the individual who hurled a shoe at Arvind Kejriwal or a serious criminal, the courts have the authority to issue bail based on the accused's medical condition.


Lalu Yadav Medical Bail Case

In the 1990s, Lalu Yadav, the former Chief Minister of Bihar, was accused of a multi-crore rupees fodder scam involving money taken from government general funds for animal husbandry. In addition, he was found guilty in the Chaibasa Treasury, Deogarh Treasury, and Dumka Treasury cases. He was given six weeks of provisional bail, which was then extended for another three months due to medical reasons. In Mumbai, he was treated at the Asian Heart Institute.


Sanjay Chandra Medical Bail Case

The accused was arrested and charged with stealing money from house purchasers. The audit of the firm and its sibling companies found that crores of rupees were not used by the company. The accused, as well as his brother, were taken into custody. He was released on bond with various restrictions. He had applied to the High Court for an extension of his release since he was suffering from co-morbidities, which the CMM had denied before. The bail was extended by the High Court with the same terms set by the CMM when the bail was granted.


Mehul Choksi Medical Bail Case

The Dominican Court granted bail to the Indian fugitive charged in Punjab National Bank fraud case for crores of rupees after he was diagnosed with neurological problems and transported to Antigua for treatment. He is required to report to the Court once he is medically fit to travel. He was required to deposit bail money with the Court and to abide by the Court's requirements.


Conclusion

A person who commits a crime has his or her life and liberty taken away by the court and its legal procedure. Even yet, the legal system ensures that the accused's human rights are protected. Though many people believe that allowing the guilty to suffer for the crimes he has done is justice, this is not justice.

 







Comments

Popular posts from this blog

In India, there is no neutral law against women raping males.

Arrest of an Accused:-Not a necessary requirement in every Criminal Case