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Jammu and Kashmir High Court directs medical college to set up team of experts to check murder accused’s ailments

It is stated in the application that the Petitioner is 51 years of age and was arrested on 23.04.2020 and since then, she has been lodged at District Jail, Amphalla.

The Jammu and Kashmir High Court has recently directed the Principal Government Medical College, Jammu to constitute a medical board for the examination of murder accused Geeta Devi in view of the ailments she has claimed to be suffering from and has cited as grounds for bail.

The single-judge bench of Justice Rajnesh Oswal has passed this order disposing of an application for grant of bail primarily on health grounds. It is stated in the application that the petitioner is 51 years of age and was arrested on 23.04.2020 and since then, she has been lodged at District Jail, Amphalla.

It is further stated that the petitioner has serious heart ailment, which has the potential of being fatal if not attended to and cared for properly. The petitioner has been falling into depression and with each passing day, her health condition is deteriorating.

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The Court noted that the petitioner had earlier filed a bail application before the trial court but the same was rejected vide order dated 16.04.2021 and now the petitioner has approached the High Court. The petitioner placed on record her health status report.

Rahul Bharti, Senior Counsel for the petitioner, argued that the petitioner is suffering from heart ailment as well as the severe depression, so she is entitled to bail.

Government advocate Bhanu Jasrotia, appearing with Aseem Sawhney, Additional Advocate General, contended that the petitioner cannot be enlarged on bail as she has been facing trial for the commission of murder and she was the main conspirator and further that the petitioner is not suffering from any disease for which the treatment is not available in the Jail.

After hearing the counsels for respective parties, the Court observed that the admitted fact is that the petitioner has been facing trial for the commission of offence under Section 302, 120-B, 429 IPC and 3/25/27 Arms Act.

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The health status report placed on record by the respondents reveals that the petitioner is suffering from dyspnea on exertion with increased blood pressure. The petitioner underwent CAG (Coronary Angiography) on 23.10.2020, which showed normal coronaries with decreased blood flow. The petitioner was advised medicines with review from the cardiologist. The petitioner has started showing features of depression that includes unexplained excessive crying, palpitation, loss of sleep etc. and further she is being given regular counselling, further observed by the Court.

“Be that as it may, from the record, it is evident that the petitioner is suffering from the heart ailment as also from the depression. As the petitioner is facing trial for the commission of offence under Sections 302, 120-B, 429 IPC and 3/25/27 Arms Act, so the petitioner cannot be enlarged on bail, however, taking into consideration the health status of the petitioner, this Court deems it proper to direct the Principal Government Medical College, Jammu to constitute a Medical Board for the examination of the petitioner in view of the ailments being suffered by the petitioner and Superintendent District Jail, Amphalla shall provide treatment to the petitioner as shall be prescribed by the Medical Board,” the order reads.

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