Criminal Petition reviewing bail plea of accused facing murder and throwing dead body charges. Court held no change of circumstances and dismissed petition, allowing renewal after commitment to Sessions Court.
Petition dismissed; liberty to renew bail application after commitment to Court of Session.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARAJULU
CRIMINAL PETITION No.5291 of 2012
ORDER:
The petitioner/A1 is accused of offences punishable under Sections 302 and 201 IPC. The offence took place on 13.12.2011. The petitioner is in custody since 26.12.2011. After completing investigation, the police filed charge sheet in this case against A1 to A3. This Court by order dated 13.04.2012 in Criminal Petition No.3404 of 2012 granted bail to A2 and A3 and dismissed bail plea of A1. There is no change of circumstances thereafter. It is contended by the petitioner’s counsel that the petitioner is suffering from formation of stones in glands and that she was admitted in hospital and that she immediately requires to be operated. While in custody, the State is taking proper care to look after health of the petitioner. There is no embargo for the petitioner to undergo surgical operation for her ailment on medical advice while in judicial custody.
Hence, the petition is dismissed. The petitioner is at liberty to renew her bail application after the case is committed to
the Court of Session.
SAMUDRALA GOVINDARAJULU, J.
2nd July 2012 Rns
1 issue framed by the court
Whether bail can be granted to an accused suffering from illnesses requiring immediate surgical operation while in judicial custody.
Petitioner/A1
SAMUDRALA GOVINDARAJULU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
