Delhi High Court - Orders
Sh Satish Kumar vs Directorate Of Enforcement on 11 January, 2024
Author: Navin Chawla
Bench: Navin Chawla
$~86
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 506/2023
SH SATISH KUMAR ..... Petitioner
Through: Mr.Arshdeep Singh Khurana &
Mr.Sidak Singh Anand, Advs.
versus
DIRECTORATE OF ENFORCEMENT ..... Respondent
Through: Mr.Anupam S. Sharma, Special
Counsel for ED with
Mr.Prakash Airan, Ms.Harpreet
Kalsi, Mr.Abhishek Batra &
Mr.Vashisht Rao, Advs.
CORAM:
HON'BLE MR. JUSTICE NAVIN CHAWLA
ORDER
% 11.01.2024 CRL.M.A. 1081/2024
1. This application has been filed seeking an extension of the interim bail granted to the applicant vide order dated 15.12.2023, as extended by the subsequent orders dated 18.12.2023 and 05.01.2024.
2. The applicant states that after undergoing the knee surgery for which the interim bail has been granted, he has now been advised to undergo a rehabilitation physiotherapy process, which is to be conducted over a duration of 25 sessions in two months. Each session shall be of 90 to 120 minutes; there will be three sessions per week on alternate days.
3. The learned counsel for the applicant in support has placed reliance on a certificate dated 09.01.2024 issued by Dr. Deepak Chaudhary, Principal Director and Head, Arthroscopy and Sports 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 25/01/2024 at 06:23:38 Medicine, BLK Max Super Speciality Hospital. He further places reliance on the judgement passed by this Court in Mr. Amandeep Singh Dhall v. Directorate of Enforcement, 2023:DHC:9341, to submit that this Court had called for a report on the availability of physiotherapy facility in the jail, and was dismayed to observe that no machines for the same were available in the jail. He submits that there is no allegation of the applicant having misused the indulgence of interim bail earlier granted to him.
4. Issue Notice.
5. Notice is accepted by Mr.Anupam S. Sharma, learned Special Counsel for ED.
6. The learned counsel for the respondent submits that there are serious allegations against the applicant and there is every likelihood that he would misuse the indulgence granted releasing him on interim bail. He submits that the applicant was in full knowledge of the time that the entire procedure in relation to his surgery would take. In spite of the same, this Court by its order dated 15.12.2023, keeping in view the seriousness of allegations made against the applicant, had granted interim bail to him only for a period of two weeks. He submits that thereafter, on one pretext or the other, the applicant has been seeking an extension of the interim bail, and the same should not be extended any further. He submits that in case proper physiotherapy facilities are not available in the concerned jail, the applicant can always be taken to the hospital by the jail authorities as and when he is required to attend the physiotherapy sessions.
7. I have considered the submissions made by the learned counsels 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 25/01/2024 at 06:23:38 for the parties. As noted hereinabove, the applicant was released on an interim bail for a period of two weeks by the order dated 15.12.2023. The same was later extended due to the death of a family member of the applicant, and thereafter for the removal of the stitches. There is no allegation against the applicant for having misused the indulgence already granted to the applicant while he was released on interim bail.
8. The applicant has now placed on record a medical certificate stating that he would require a rehabilitation procedure extending up to a period of two months. The learned counsel for the applicant submits that after a period of one month itself, the applicant would be in a position to undertake his daily activities and, therefore, even if he has to attend the physiotherapy sessions thereafter, the same can always be done through jail. He submits that he would positively surrender after a period of one month and would not seek further extension of the interim bail even though the physiotherapy sessions are to continue even thereafter.
9. This Court in Mr.Amandeep Singh Dhall (Supra), had called for a report from the jail authorities on the availability of physiotherapy equipment and facilities in the jail, and was dismayed to observe that the same were not available. I may quote from the judgement as under:-
"18. The present case brings to light a critical issue concerning the standard of medical treatment within correctional facilities, shedding light on the alarming inadequacies in the healthcare infrastructure for prison inmates.
19. The report submitted by the prison dispensary in the present case points to a 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 25/01/2024 at 06:23:38 distressing reality- the lack of a proper medical care facilities, i.e. physiotherapy equipments. The absence of these essential equipments not only signify lack of adequate medical infrastructure in the prisons, but also the direct repercussion of the same on the health of the inmates requiring physiotherapy etc."
10. In fact, the accused therein was housed in the same jail as the applicant herein, as is evident from paragraph 23 of the said judgement.
11. Keeping in view the above, the interim bail granted to the applicant shall stand extended by a further period of four weeks on the same terms and conditions as stipulated in the order dated 15.12.2023. It is made clear that the applicant will not be entitled to seek further extension of the interim bail on the ground that he has to undergone further physiotherapy sessions post surgery.
12. The Bail Application is disposed of in the above terms.
NAVIN CHAWLA, J JANUARY 11, 2024/rv/RP Click here to check corrigendum, if any 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 25/01/2024 at 06:23:38