BAIL ON MEDICAL GROUNDS I CASE REFERENCES I BRIEF I SUMMARY
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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.
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.
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