The Bombay High Court on Tuesday ordered an accused who is out on medical bail in connection to a murder to surrender as his doctor has not been answering calls made by police officials.
The court has also formed an independent medical board to check the accused’s health condition.
The accused is facing charges of murder and was granted medical bail recently, but because his doctor was not answering the calls made by policemen, the court refused to grant any extension to the bail.
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Justice Nitin W Sambre was hearing a petition filed by one Mohammad Shaikh who had filed a bail application with a prayer for interim bail.
Shaikh was accused of the offence of murder under Section 302 of the Indian Penal Code.
According to the prosecution, the Mumbai resident had killed a man over monetary disputes in the Virar area of neighbouring Palghar district.
Considering his kidney ailments getting severe, Shaikh moved the high court seeking temporary bail in order to get himself treated. His application was allowed by order of June 25, 2021.
He was directed to inform his investigating officer about his treatment every week, which he claimed he had been doing.
After consulting a bunch of doctors, Shaikh approached Dr. Saket Sathe for treatment, who advised that his right kidney required surgery as it was functioning only at 15 per cent of its normal capacity. In the present plea, he requested an extension of time to surrender in order to carry out the surgery.
Justice Sambre observed that “Time and again, an extension was being sought on the grounds that the applicant had serious ailments and required transplant.”
The court also noted that the applicant had undergone prostrate surgery in the meantime.
The court, however, was unhappy with the manner in which Shaikh was not ensuring that his doctor was responding to the investigation officer’s calls.
When Advocate Shyam Marwadi pressed for relief on the grounds that it was a medical condition, Justice Sambre stated, “You 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. The doctor has no time to respond to police calls. It is your duty to see that doctor responds.”
Having observed this, the court directed Shaikh to surrender for now and let an independent medical board decide what the further course of action is based on their tests.
Justice Sambre granted him time till October 21 (post Eid) to surrender. Once he surrenders, the medical officer has been directed to examine him and scrutinise his medical record. This scrutiny report will then be submitted before a medical board constituted by a team of doctors at JJ Hospital.
The board was also asked to comment on the further course of treatment for Shaikh and on the release of the applicant.
The matter is now posted on October 28, for the board to submit their report, after which the court will be in a position to consider the temporary release.
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Source: https://www.indiatoday.in/law/story/bombay-high-court-accused-medical-bail-surrender-doctor-police-calls-1864130-2021-10-13
