Court no. 42
Criminal Misc. IIIrd Bail (Parole )Application No. 164769 of 2009
IN
Criminal Appeal No. 2514 of 2005
Gulfam versus State of U.P.
Hon'ble Rakesh Tiwari, J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the applicant, Sri Prakash Singh,
learned counsel for the complainant and the learned AGA.
The prayer for bail along with the appeal of the applicant Gulfam
was rejected for non-prosecution by the High Court vide order dated
11.4.2008. Thereafter, the second bail application of applicant Gulfam,
who had been convicted by the Additional Sessions Judge, Court No.2,
Rampur in S.T. No. 143 of 2003, under Section 302/34 IPC and
sentenced to undergo imprisonment for life with a fine of Rs. 15,000/-
and further under Section 324/34 IPC and sentenced to undergo
rigorous imprisonment for one year and further under Section 504 IPC
and sentenced to undergo rigorous imprisonment for six months, was
also rejected by a detailed reasoned order dated 1.4.2009.
This IIIrd (Parole) bail application was filed on 8.7.2009 on which
the Court vide order dated 9.7.2009 directed the application to be listed
along with previous papers before the appropriate Bench in the next
cause list. His Lordships Hon. Mr. Justice Imtiyaz Murtaza and Hon. Mr.
Justice Subhash Chandra Nigam, with whom the case was tied up
released the matter vide order dated 28.8.2009 and directed that it will
not be treated as tied up or part heard to their Bench. It has thereafter
been listed before this Court.
The ground taken by the applicant for grant of parole is that
mother of the applicant Gulfam is 70 years old and that he has a clot in
his stomach which may endanger his life.
On perusal of the IIIrd bail ( parole ) application it appears that the
affidavit filed along with the application is sworn by one Nasreen aged
about 31 years wife of Bittan Khan, resident of village Ajeetpur, Nai
2
Basti, P.S. Civil Lines, Rampur, who claims herself to be the Pairokar of
the applicant appellant and has been authorized to do Pairvi of the
case. In paragraph 6 of the affidavit it has been averred that the
appellant’s mother is the only Pairokar in the case, therefore, two
statements in the affidavit are contradictory.
Learned AGA submits that he has received a report from the
Medical Officer Central Jail, Bareilly. In so far as his physical condition
of the applicant of having a clot in his stomach is concerned, he is being
got treated in the District Hospital, Rampur through the jail authorities.
Perusal of the report shows that at the time of entry in jail the applicant
was medically examined and was found to be in good health.
Thereafter, he fell ill and was admitted as OPD in jail hospital. He has
also undergone a surgery in the jail for anus fissure and at present he
is being given treatment in jail hospital. No case for parole bail is made
out for the ailment being suffered by him.
After hearing the counsel for the parties and on perusal of record
as well as the treatment report of the applicant we find that the applicant
Gulfam is being given proper medical treatment for ailments he has
suffered in jail. Even surgery required for dilation of his anus has been
provided and medicines are made available to him for his treatment.
For all the reasons stated above, the IIIrd (parole) bail application
is accordingly, rejected.
Dated 13.1.2010
CPP/-