Delhi High Court - Orders
Raja Jaswant Singh Sandhu vs Narcotics Control Bureau on 3 February, 2023
Author: Anup Jairam Bhambhani
Bench: Anup Jairam Bhambhani
$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3467/2022
RAJA JASWANT SINGH SANDHU ..... Petitioner
Through: Mr. Pritish Sabharwal and Mr. S.
Kumar, Advocates.
versus
NARCOTICS CONTROL BUREAU ..... Respondent
Through: Mr. Raghav Bansal, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 03.02.2023 CRL.M.A. No.24097/2022 (Exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.
BAIL APPLN. 3467/2022By way of the present application under section 439 of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the petitioner seeks interim bail on medical grounds.
2. Notice on this application was issued on 21.11.2022; whereupon, on 05.12.2022 the medical report from the Jail Superintendent was awaited. Thereafter, the respondent/NCB sought time to file status report/reply on 19.12.2022 and again on 19.01.2023.
Signature Not Verified Digitally Signed BAIL APPLN. 3467/2022 Page 1 of 4 By:NEERAJ Signing Date:06.02.2023 17:02:463. In compliance of order dated 19.01.2023, status report dated 31.01.2023 has been filed on behalf of the NCB in connected BAIL APPLN.3463/2022. The updated medical report dated 16.12.2022 has also been received from the Jail Superintendent.
4. By way of their status report, the NCB opposes grant of bail on the ground that the offence alleged is serious since the petitioner is accused of conspiracy for indulging in drug trafficking. It is further stated that the petitioner's brother, who though not named in the FIR, is also implicated in the same case and is presently absconding. It is further submitted that the petitioner is receiving the required treatment from AIIMS and is not suffering from any life-threatening disease.
5. The NCB also submits that charges are yet to be framed.
6. Perusal of the very long and detailed medical report dated 16.12.2022 received from the jail shows that the petitioner has been suffering from various medical problems from around 30.03.2021, and has been in and out of the jail dispensary and jail hospital on multiple occasions. The report also records that between 29.06.2022 and 23.09.2022, the petitioner was sent from jail to the DDU Hospital, then to Safdarjung Hospital and then to AIIMS, for consultation and treatment for his multiple, continuing medical problems.
7. The medical report records that multiple medical tests were conducted at AIIMS, including review for surgery, and the position is that the petitioner has had recurrent problems of hypertension, shortness of breath, dizziness and haemorrhoids with bleeding per rectum.
8. Evidently therefore, the petitioner's multiple medical problems have not come under control with the treatment provided in jail; and even Signature Not Verified Digitally Signed BAIL APPLN. 3467/2022 Page 2 of 4 By:NEERAJ Signing Date:06.02.2023 17:02:46 with several visits to three well-known Government hospitals in Delhi the petitioner's medical problems have not been resolved. More sustained treatment appears to be necessary.
9. Upon a conspectus of the foregoing, keeping in view the petitioner's medical condition and in the interests of justice, the present petition is allowed. The petitioner is admitted to interim bail for a period of 03 weeks from the date of his release, on the following conditions:
(a) The applicant shall furnish a personal bond in the sum of Rs.25,000/- (Rs. Twenty-five Thousand Only) with 01 surety in the like amount from a family member, to the satisfaction of the Jail Superintendent;
(b) Within 03 days of his release, the petitioner shall inform the Investigating Officer, in writing, the name of the hospital/medical facility and the attending doctor under whose treatment he will be while on interim bail. The petitioner shall also inform the I.O. in writing if he shifts from a hospital/medical facility or changes his attending doctor. The Investigating Officer shall be at liberty to visit the hospital/medical facility to verify the position;
(c) While on interim bail, the petitioner shall, through his relatives, submit to the Investigating Officer his updated medical summary/record, every third day, indicating his current medical condition and progress;
(d) At the time of his surrender, the petitioner shall furnish to the I.O.
his discharge summary, indicating the treatment that he has undergone while on interim bail;
(e) The petitioner shall not leave the State of NCT of Delhi without Signature Not Verified Digitally Signed BAIL APPLN. 3467/2022 Page 3 of 4 By:NEERAJ Signing Date:06.02.2023 17:02:46 permission of this court and shall ordinarily reside at the address as per prison records/as mentioned in the petition;
(f) The petitioner shall furnish to the Investigating Officer/S.H.O P.S.: Subzi Mandi a cell-phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;
(g) If the petitioner has a passport, he shall surrender the same to the Jail Superintendent and shall not travel out of the country without prior permission of the of this court;
(h) The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.
(i) Upon expiry of the period of interim bail, the petitioner shall surrender before the Jail Superintendent.
10. A copy of this order be sent to the concerned Jail Superintendent forthwith.
11. Petition stands disposed-of.
12. Pending applications, if any, also stand disposed-of.
ANUP JAIRAM BHAMBHANI, J FEBRUARY 3, 2023/ak Signature Not Verified Digitally Signed BAIL APPLN. 3467/2022 Page 4 of 4 By:NEERAJ Signing Date:06.02.2023 17:02:46