Mohd Arsh vs State (Nct Of Delhi) on 16 October, 2023

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Delhi High Court - Orders

Mohd Arsh vs State (Nct Of Delhi) on 16 October, 2023

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3096/2023
MOHD ARSH ..... Petitioner
Through: Mr. Hirein Sharma, Mr. Tushar
Ahuja, Mr. Ajay Rajbhar, Mr. Vimal
Tyagi and Mr. Vishal Saini,
Advocates

versus

STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Shoaib Haider, APP for State
with SI Dinesh Kumar, P.S. Jyoti
Nagar

CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER

% 16.10.2023 [The proceeding has been conducted through Hybrid mode]

1. Despite the order dated 15.09.2023, directing the Jail Superintendent to place on record the nominal roll and the medical record, the same are not being placed on record.

2. In fact, keeping in view the condition of the applicant, the Senior Medical Officer (SMO) of the Jail Hospital was directed to take appropriate steps in case emergency operation was required, without awaiting any formal orders from this Court. There is no way of ascertaining as to what steps have been taken by the SMO in that regard.

BAIL APPLN. 3096/2023 Page 1 of 4

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 17/10/2023 at 18:06:34

3. This Court expects, in such urgent and emergent situations, the Jail Superintendent and the SMO to cooperate with the Court and to place on record, without fail, nominal roll and the medical record when called for. More so, since the persons like the present applicant, are in detention, they would have no recourse to take urgent steps on their own.

4. Mr. Hirein Sharma, learned counsel for the applicant, on instructions of the father of the applicant, submits that the DDU Hospital had given tentative date of operation, after two years. He submits that it is already been noted in the previous medical report that the applicant suffers from Cholelithiasis and medical report also notes two calculi in the Gall Bladder and may require urgent intervention.

5. Learned counsel for the applicant submits that the applicant is willing to undergo an operation in a private hospital, which he can afford.

6. Keeping in view the failure of the Jail Superintendent and the SMO to give concerned reports to this Court, this Court is constrained to direct release of the applicant for such operation.

7. Accordingly, the applicant is directed to be released on bail in case FIR No.577/2021 under Sections 304B/406/498A/34 of the IPC, 1860 registered at Police Station Jyoti Nagar, Delhi, for a period of ten days from the date of his release so as to get the operation conducted and report back, on his furnishing a personal bond in the sum of Rs.25,000/- with one family surety of the like amount to the satisfaction of the learned Trial Court, subject to the following BAIL APPLN. 3096/2023 Page 2 of 4 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 17/10/2023 at 18:06:34 conditions:-

a) He shall surrender his passport, if any, to the Court concerned and shall under no circumstances leave Delhi without prior permission of the Court concerned;

b) He shall provide his mobile number(s) to the Investigating Officer and keep it on his person and operational at all times;

c) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever;

d) He shall not visit the locality where the victim/complainant and his/her family reside;

e) The applicant shall not indulge himself in any criminal activity of any nature whatsoever during the bail period;

f) In case of change of residential address and/or mobile number, the same shall be intimated to the Investigating Officer/ Court concerned by way of an affidavit;

g) The applicant shall surrender on the lapse of tenth day without fail, before the concerned Jail Superintendent.

8. It is made clear that no further extension of bail shall granted by this Court.

9. Nothing in this order shall be construed as an expression of opinion on the merits of the pending matter.

10. With the aforesaid conditions, the bail application stands disposed of.

11. Copy of this order be sent to Jail Superintendent for necessary BAIL APPLN. 3096/2023 Page 3 of 4 This is a digitally signed order.

12. Dasti.

13. Date already fixed, i.e. 07.12.2023 stands cancelled.

TUSHAR RAO GEDELA, J OCTOBER 16, 2023 Aj BAIL APPLN. 3096/2023 Page 4 of 4 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 17/10/2023 at 18:06:35

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Delhi High Court - Orders