Denial of bail to undertrial with critical health is a death sentence: Gujarat HC

Last Updated on March 20, 2024 by News Desk

It was observed by the Gujarat HC that if bail is denied to an under trial whose health is in critical condition then it would be amounting to a death sentence, while it was granting bail to a 69-year-old person accused of murder. He was suffering from a rare disease.

It was noted by Justice Divyesh Joshi that the petitioner has been in custody since September 2022 and has been a patient of Rosai-Dorfman’s disease.

It was further observed by the judge, that during his trial he had been on several visits to the hospitals in Gujarat as well as Mumbai for his treatment.

The court also took notice of the fact that the nearby hospitals did not have adequate facilities for the treatment.

It was said that the prolonged detention of the defendant awaiting trial is inconsistent with their health status, thus breaching their right to healthcare as outlined in Article 21 of the Constitution of India.

Refusing bail to the defendant despite being fully informed about their serious health condition and the potential dire consequences of inadequate treatment would essentially be akin to sentencing them to death, as was emphasized by Justice Joshi.

Therefore, the argument of the respondent that the plea was filed by the petitioner to avoid the trial was dismissed by the court.

Written By:- Shianjany Pradhan (@SHIANJANYPRADHAN)