Case Note & Summary
The Supreme Court of India heard an appeal by the State of Uttar Pradesh against an order of the Allahabad High Court granting interim bail on medical grounds to the respondent, Gayatri Prasad Prajapati, a former minister accused in a case under Sections 376(D)/376/511/504/506 of the Indian Penal Code read with Sections 3/4 of the Protection of Children from Sexual Offences Act, 2012. The respondent had been in custody since 2017 and was admitted to King George Medical University (K.G.M.U.) on 3 May 2019 for treatment of multiple ailments including diabetes, hypertension, and seronegative spondylarthropathy. He was discharged on 17 January 2020 in stable condition. Subsequently, a medical board constituted by the Chief Medical Officer submitted a report on 10 June 2020 stating that the patient could continue treatment at the jail hospital with consultations from specialists. The High Court, however, granted interim bail for two months on 3 September 2020, reasoning that proper treatment was not available at K.G.M.U. and citing the threat of COVID-19. The Supreme Court found that the High Court had not considered the medical board report or the State's affidavit detailing the treatment facilities at K.G.M.U. and Sanjay Gandhi Postgraduate Institute of Medical Sciences. The Supreme Court held that the High Court's conclusion that proper treatment was not available was contrary to the medical board report. The Court also noted that one of the bail conditions required the respondent to ordinarily reside at a place of residence, indicating the bail was not solely for medical emergency. The Supreme Court set aside the interim bail order but directed that the respondent be kept in K.G.M.U. or any other hospital as required and not be transferred to jail until further orders, ensuring continued medical care.
Headnote
A) Criminal Law - Interim Bail on Medical Grounds - Consideration of Medical Reports - The High Court granted interim bail to an accused on medical grounds without adequately considering the medical board report dated 10.06.2020 and the State's affidavit regarding treatment facilities - The Supreme Court held that the High Court's reasoning that proper treatment was not available in K.G.M.U. was contrary to the medical board report which stated that the patient could continue treatment at jail hospital with consultations - The order granting interim bail was set aside (Paras 9-14). B) Criminal Procedure - Bail - Conditions of Interim Bail - The condition that the accused shall ordinarily reside at a place of residence indicated that the bail was not solely for medical emergency but for ordinary residence - The Supreme Court noted this as a factor in setting aside the interim bail (Para 5). C) Criminal Law - Rights of Undertrial Prisoners - Medical Treatment - The State is obligated to provide adequate medical treatment to undertrial prisoners - The Supreme Court directed that the respondent be kept in K.G.M.U. or any other hospital as required and not be transferred to jail until further orders (Para 15).
Issue of Consideration
Whether the High Court was justified in granting interim bail on medical grounds to the respondent without properly considering the medical board reports and the State's ability to provide adequate medical treatment in custody.
Final Decision
The Supreme Court allowed the appeal, set aside the impugned order dated 03.09.2020 granting interim bail to the respondent, and directed that the respondent be kept in K.G.M.U. or any other hospital as required and not be transferred to jail until further orders. The regular bail application pending before the High Court was directed to be decided expeditiously.
Law Points
- Interim bail on medical grounds
- Medical board report consideration
- State's obligation to provide medical treatment to undertrial prisoners
- Conditions for interim bail
- Scope of appellate review of interim bail orders
