- (1.) Referring to the news paper reports, Mr. Rajiv Kumar, learned counsel appearing on behalf of petitioner submitted that accused persons -S/Sri Madhu Kora, Kamlesh Singh, Bhanu Pratap Shahi and Vijay Joshi are although in judicial custody but one or other accused is escaping from Hospital. Moreover, after they were taken into custody, most of the time they have remained in hospital on the pretext of illness. They do all this, by exercising all types of influence and powers. The concern doctors and officers are also guilty in helping them. Even in serious cases, after operation or treatment, the patients are discharged from hospital but it is not known with what type of illness these accused are suffering which can be treated only in the hospital and not in jail. All the accused were fit before they were taken in custody and they were not hospitalized off and on. On most of the occasions, the said accused persons have not attended the Courts on the pretext of illness. They are delaying the investigation/conclusion of trial on one hand and are complaining about their custody on the other hand. This is a very serious matter. Not only the accused persons but the concerned jail authorities and the doctors have also interfered with the judicial custody and the process of Court. He lastly submitted that the actual needy and poor persons require treatment at R.I.M.S. but it is being misused by the accused persons, who have made it their second home.
(2.) Md. Mokhtar Khan, learned counsel appearing for the C.B.I. supported the said submission and submitted that the said accused persons are creating hurdles in the process of law.
(3.) Prima facie, we find force in the said submissions.;