D.P.MOHAPATRA, SHIVARAJ V.PATIL, JJ. - (1.) LEAVE granted.
(2.) WE have heard Mr Jaspal Singh, learned Senior Counsel for the appellant and Mr R.K. Jain, learned Senior Counsel appearing for the respondent. The State of Uttar Pradesh has filed this appeal assailing the order passed by the Allahabad High Court on 25-5-2001 in Criminal Bail Application No. 7080 of 2001 in which the learned Single Judge granted the bail to the accused-respondent herein on medical grounds with certain conditions. The relevant portion of the order is extracted below: "Since the trial is still to be held it will not be proper for this Court at this stage to express any final opinion on the merits of various contentions raised by learned counsel for the rival parties but giving them due consideration and having regard to the facts and circumstances of the case, for the present, the Court is not in favour of granting full-term bail to the applicant and in the circumstances of the case, the applicant is allowed a short-term bail for a period of four months on medical grounds and also with a view to keep a watch over his future conduct and activities during this period. "
(3.) THE learned Senior Counsel appearing for the appellant contended that the learned Single Judge having held that it was not a fit case for grant of full-term bail to the respondent erred in releasing him on bail for the period of four months on medical grounds ignoring the fact that the State Government had made arrangements for treatment of the respondent in Medical College Hospital at Allahabad and in SGPGI Hospital at Lucknow while in custody. The learned counsel further contended that in view of the criminal record of the respondent who is involved in a number of cases involving heinous offences the application for bail should have been rejected. It was also the contention of the learned Senior Counsel that the observation in the order passed by the High Court that short-term bail was granted to the respondent with a view to keep a watch over his future conduct and activities during the period is wholly unsustainable in law.;