Delhi High Court - Orders
Bhim Roy vs State Nct Of Delhi & Anr on 3 September, 2025
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~19
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 193/2024
BHIM ROY .....Appellant
Through: Ms. Anu Narula, Advocate
(DHCLSC).
versus
STATE NCT OF DELHI & ANR .....Respondents
Through: Ms. Shubhi Gupta, APP for State
Mr. Vishesh Wadhwan, Mr. Jatin
Sharma and Mr. Shivam Dahiya,
Advocates for victim.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 03.09.2025 CRL.M.(BAIL) 1565/2024, 1567/2025 (interim suspension of sentence)
1. The present applications have been filed by the applicant/appellant seeking interim suspension of sentence on account of his medical ailment.
2. On notice of the application being issued, the Medical Status Report dated 11.08.2025 under the signatures of Senior Medical Officer, Central Jail Hospital, Central Jail No.3, Tihar, New Delhi has been placed on record. In the said medical report, it is recorded as under:-
"...Inmate/patient was reviewed by jail Senior Resident Medicine on 16.06.02025 for complaints of constipation, body ache and jaundice, his blood Investigations were done.
He was referred to DDU Hospital by jail medicine specialist on 27.06.2025, wherein his Ultrasound whole abdomen was done and showed distended gall bladder with dilated common bile duct. He was advised MRCP. He was referred to Safdarjung, Gastroenterology Emergency In view of obstructive jaundice and Ultrasound findings for further MRCP/ ERCP Investigation. However, as there was no Gastro-surgery facility In Safdarjung, patient was referred to G.B. Pant Hospital/ AIIMS Hospital.
Inmate/patient was reviewed In G.B. Pant Hospital, Gastroenterology on This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 23:10:19 30.06.2025, wherein he was advised blood & Radiological Investigations. The date for MRI Abdomen with MRCP was given by radiology department, G.B. pant hospital for 13.11.2026.
The above mentioned Investigations was done from Indira Gandhi Hospital on 18.07.2025 and showed gross dilatation of common bile duct with Choledochollthlasis (stone In bile duct).
Accordingly, he was reviewed In G.B. pant hospital, gastroenterology department along with all reports and he was advised further Investigations and Gastro-surgery opinion. He was also advised medications for one week. Inmate/patient's serial monitoring of blood investigations done on 13.06.2025, 16.06.2025, 26.06.2025, 01.07.2025, 17.07.2025 and 06.08.2025 showed progressive rise In total serum blllrubin level, the latest being 15.2 mg% (0-1 mg% - normal range) with deranged liver enzymes. Hospital on 05.08.2025 wherein his Magnetic Retrograde Cholangio- Pancreaticography (MRCP) report was perused and he was further advised Endoscopic Retrograde Cholangio-Pancreaticography (ERCP) investigation and Gastro-surgery opinion. He was referred to Gastroenterology and Gastro-lntestinal Surgery review at G.B Pant Hospital on 08.08.2025. He was again referred to Gastroenterology department of G.B Pant Hospital on 11.08.2025.
Inmate/patient was reviewed by duty doctor on 08.08.2025 wherein he gave c/o bleeding per rectum. He was advised surgery review and provided appropriate treatment.
On 09.08.2025; he was reviewed by SR. Medicine - Central Jail Hospital wherein he was provided appropriate treatment and advised bed rest. Inmate/patient remains admitted in Surgery ward - Central Jail Hospital. His general condition is sick..."
3. Ms. Narula, learned counsel appearing for the appellant upon instructions from the family of the applicant/appellant states that the appellant is not getting proper medical treatment at the jail hospital. She further submits that the appellant and his family members desire that the appellant be treated at a private hospital.
4. I have heard learned counsel for the parties and perused the medical report and the nominal roll of the appellant which are on record. As per the This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 23:10:19 nominal roll dated 28.07.2025, the appellant has undergone sentence of 3 years 9 months and 18 days as on 26.07.2025.
5. Keeping in view the medical report, the applicant/appellant is granted interim suspension the sentence for a period of two months from the date of his release on his furnishing of a personal bond in the sum of Rs. 5,000/- with one surety of the like amount to the satisfaction of the concerned Trial Court/ Duty J.M./ link J.M./Jail Superintendent and also subject to the further following conditions:-
(i) In case of change of residential address, the appellant shall promptly inform the same to the concerned Investigating Officer as well as to this Court.
(ii) The appellant shall regularly appear before the Court as and when the appeal is taken up for hearing.
(iii) The appellant will not get in touch directly or indirectly with the victim.
(iv) The appellant shall also provider his contact number to the IO and shall remain available on that number.
6. With the above directions, both the aforesaid applications are disposed of.
7. A copy of this order be communicated electronically forthwith to the concerned Jail Superintendent for immediate information and necessary compliance.
8. Copy of this order be also uploaded on the website forthwith.
CRL.A. 193/2024List this appeal in due course at its own turn.
MANOJ KUMAR OHRI, J SEPTEMBER 3, 2025/rd This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 03/09/2025 at 23:10:19