Wednesday, December 6, 2023

Allahabad High Court directs the release of former MLA Uday Bhan Karwariya on parole

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The Allahabad High Court has directed the release of former MLA Uday Bhan Karwariya, convicted in the Jawahar Pandit murder case, on parole for two months.

The Division Bench of Justice Sunita Agarwal and Justice Vikas Kunvar Srivastav passed this order while hearing a Criminal Appeal filed by Uday Bhan Karwariya.

The Court observed that the appellant was diagnosed of heart problem on 29.03.2018 and 05.03.2022 at A.I.I.M.S, New Delhi with Anxiety NOS.

On seeing the Angiography report on 04.03.2022, cardiologist of A.I.I.M.S, New Delhi had advised the treatment and as per the report of the Medical Superintendent, Central Jail, Naini, Prayagraj, the appellant has been under treatment since then.

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Angiography Impression reports severe stenosis of proximal (approx 70-80%) and mild stenosis of mid (approx 30%) LAD. Minimal stenosis proximal and mild stenosis of mid RCA (approx 30%). Mild stenosis of OM2 branch (approx 30%). As per the advice of the doctor, the jail authorities are looking for a super speciality hospital to get the appellant treated.

Looking at the report of the Medical Superintendent, Central Jail, Naini, Prayagraj and the advice of the doctor at A.I.I.M.S, New Delhi, at least, it is evident that the appellant is suffering from severe heart dysfunction. The CT Coronary Angiography report dated 01.03.2022 is on record, the extract of which had been noted above. There is no report of any further treatment or the required interventions made by the doctor, who had examined at A.I.I.M.S, New Delhi, the Court noted.

“It, thus, seems that the treatment of the appellant is not possible in jail. The prayer of short term bail for medical treatment of the appellant, therefore, finds merit. We, therefore, find it a fit case for grant of short term bail for a period of two months for treatment and recovery”

-the Court observed while allowing the parole/short term bail application.

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The Court ordered that,

The appellant/applicant Uday Bhan Karwariya, convicted and sentenced in S.T. No.351 of 2015 (State of U.P. Vs. Kapil Muni Karwariya and others) and connected S.T. No.799 of 2014 (State of U.P. Vs. Uday Bhan Karwariya and another), arising out of Case Crime No. 515/1996, under Sections 147, 148, 149, 302, 307, 34 I.P.C and Section 7 Criminal Law Amendment Act, Police Station Civil Lines, District Allahabad is granted short term bail (parole) from 18.04.2022 to 18.06.2022.

The Chief Judicial Magistrate concerned is directed to release the applicant on parole on 18.04.2022 subject to the conditions as under:

(i) That the applicant shall observe peace and tranquility during the period of parole and shall not indulge in any unlawful activity.

(ii) That the applicant shall surrender before the C.J.M, concerned on 18.06.2022 and shall be sent back to the jail.

The order be intimated to the C.J.M, concerned through Registrar General, High Court, Allahabad within 24 hours for making proper arrangement.

The C.J.M concerned shall submit his report/certificate regarding compliance of the order of this Court by the date next fixed.

List in the month of July, 2022 for hearing.

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