Delhi High Court - Orders
Ezeh Chinedu Joseph vs State on 7 September, 2020
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2079/2020
EZEH CHINEDU JOSEPH ..... Petitioner
Through: Mr. Mukesh Bhardwaj, Advocate.
Versus
STATE . ..... Respondent
Through: Ms. Radhika Kolluru, APP for State.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 07.09.2020
1. The present application has been filed under Section 439 Cr.P.C. seeking interim bail in FIR No. 63/2015 registered under Sections 21/29/61/85 of the NDPS Act and Section 14 of the Foreigners Act at P.S. Special Cell on the ground that the medical condition of the petitioner is unwell and his condition is deteriorating day by day.
2. A medical status report from the concerned jail was requisitioned. Vide Medical Status Report dated 19.07.2020, the jail authority has reported as under :-
"The inmate is a known case of internal haemorrhoids Grade 3 for which he was reviewed by Jail visiting Senior Resident Surgery from DDU Hospital and Medical Officer on duty from time to time. He was last reviewed by Jail BAIL APPLN. 2079/2020 Page 1 of 7 visiting Senior Resident Surgery on 10.07.2020 and by Medical Officer on duty on 17.07.2020. He gave complaints of pain and bleeding per rectum during defecation, mass coming out of anus during defecation and constipation. On per rectum examination and proctoscopy examination, he was found to have grade 3 internal haemorrhoids at 2, 7 and 10 O' Clock positions. He was provided symptomatic treatment accordingly in the form of oral medicines, laxatives and ointment for local application. He was advised to take sitz bath and high fibre diet and was advised referral to DDU Hospital for further surgical work-up. The inmate is a known case of Hepatitis B Sero-positive status for which he is being provided treatment from jail dispensary. He was last reviewed by Senior Resident Medicine on 11.07.2020 and by Medical Officer on duty on 15.07.2020. He gave complaints of dizziness, headache, on and off fever, pain in right side of abdomen, yellowness of eyes and urine, nausea, indigestion and loss of weight. His blood investigations were carried out which again showed HBV Sero-positive status and deranged Liver Function Tests [increased serum bilirubin and hepatic injury markers, increased Prothrombin Time and International Normalized Ration (INR) due to deranged liver functions. He was provided treatment accordingly and was advised review by Gastroenterologist at GB Pant Hospital. The inmate is a follow-up case of old fracture of tibia of BAIL APPLN. 2079/2020 Page 2 of 7 right leg and pain at the injury site (lower leg and ankle) for which he is under treatment from Senior Resident Orthopedics and is being provided treatment for the same from jail dispensary.
At present, the inmate is a known case of Hepatitis B Sero- positive status and he is suffering from dizziness, on and off fever, headache, pain in right side of abdomen, yellowness of eyes and urine, nausea, indigestion and loss of weight for which he is being provided treatment from jail dispensary. He is a follow up case of old fracture of thigh lower tibia and is suffering from pain in right lower leg and ankle for which he is under treatment from jail dispensary. He is known case of Internal Haemorrhoids Grade 3 and he is suffering from pain and bleeding per rectum during defecation, mass coming out of anus during defecation and constipation for which he is being provided symptomatic treatment from jail dispensary but his symptoms are persisting and no improvement is reported. His referral to DDU hospital for further surgical management and to GB Pant Hospital/Gastroenterology Department as advised by treating doctor: cannot be done at present in view of ongoing COVID-19 pandemic, restrictions on Inmates' movements to prevent spread of Infection in jail, restrictions on elective surgeries In DDU hospital and presence of co- morbidity (Hepatitis-8 infection) in the inmate which puts him at higher risk for developing serious illness from BAIL APPLN. 2079/2020 Page 3 of 7 COVID-19 infection."
3. On the last date of hearing, a fresh Medical Status Report was requisitioned from the jail and the same has been placed on record. As per this Medical Status Report dated 01.09.2020, it has been reported as under :-
"In reference to the subject cited above, it is submitted that in compliance to the order passed by the Hon'ble High Court of Delhi at New Delhi on 24.08.2020, the above said inmate was sent to Fortis Escorts Heart Institute, Okhla, New Delhi on28.08.2020 wherein he was reviewed by Dr. Sanjay Verma, MS, Dept. of Minimal Access, Bariatric and Gl Surgery. The inmate gave history of Hepatitis B Infection and gave complaints of bleeding per rectum, pain in perianal region and constipation. On examination, he was found to have chronic fissure at 6 O'clock position. His per rectum(P/R) and proctoscopy examination was attempted but could not be carried out because of pain. He was advised to take sitz bath thrice daily, application of local ointment and jelly twice daily and oral medicines. The surgeon has mentioned on his OPD Card that, "Final opinion and examination to be done and taken from any govt. Hospital or Doctor in Tihar Dispensary'. However, the inmate submitted an application dated 29.08.2020 stating that he did not want to take treatment from any Government Hospital because of risk of COVID-19 to him in view of his Hepatitis B Sero-positive status and low immunity. The BAIL APPLN. 2079/2020 Page 4 of 7 copies of OPD Card of Fortis Escorts Heart Institute dated 28.08.2020 and inmate's application dated 29.08.2020 are enclosed here with for your kind perusal.
The inmate was reviewed in jail dispensary on 31.08.2020 wherein he gave complaints of pain and bleeding per rectum during defecation, mass coming out of anus during defecation and constipation. His per rectum and proctoscopy examination could not be carried out due to severe pain experienced by him. He was diagnosed as a case of Hepatitis B Sero-positive Status, Chronic Fissure at 6 O'clock Position and Internal Haemorrhoids Grade 3. He was advised symptomatic treatment accordingly in the form of oral medicines, laxatives and ointment for local application and he was advised to take sitz bath and high fibre diet."
4. Mr. Mukesh Bhardwaj, learned counsel for the petitioner submits that the petitioner is a Nigerian national and has been in custody since 01.12.2015. He, on instructions, further submits that the petitioner's passport is valid.
5. Ms. Radhika Kolluru, learned APP has placed on record the Status Report. As per the Status Report, though Ms. Rebecca Lalremmawi who claims herself to be wife of the petitioner has not produced any document to show that she is married to the petitioner however, she stated that their marriage was solemnised 8 years ago. The address of the Ms. Rebecca being 129, First Floor, Right Side, Bhagwan Nagar, Ashram, Delhi has also been BAIL APPLN. 2079/2020 Page 5 of 7 verified through the Tenant Information Form dated 06.11.2018 given by the landlady. Along with the Status Report, a photocopy of the Aadhar Card as well as the Voter ID Card of Ms. Rebecca Lalremmawi indicating her parentage and address at Manipur have been enclosed.
6. At this stage, learned counsel for the petitioner seeks a passover to take instructions regarding the name of the hospital where the petitioner intends to be examined/admitted.
12:30 PM
7. Mr. Mukesh Bhardwaj, learned counsel for the petitioner, on instructions, submits that petitioner is willing to get himself examined by Dr. Abhishek Maru, Director, Department of General Surgery, Aakash Healthcare Super Speciality Hospital, Sector - 3, Dwarka, New Delhi.
8. Accordingly, in view of the present medical condition of the petitioner, it is directed that the petitioner be taken to the aforesaid Aakash Healthcare Super Speciality Hospital today itself by the jail authorities to get him examined by the aforesaid doctor/any other doctor available. It is further directed that if so advised, the petitioner shall be admitted in the aforesaid hospital at his own expense and under police custody. The petitioner's wife will be at liberty to meet the petitioner in the hospital.
9. List on 11.09.2020.
10. In the meantime, the pairokar of the petitioner will take steps to seek extension of the petitioner's visa through the concerned Jail Superintendent, who along with the I.O. shall extend necessary cooperation.
11. A fresh medical report be also placed on record by the Jail BAIL APPLN. 2079/2020 Page 6 of 7 Superintendent before the next date of hearing.
12. A copy of this order be communicated to the concerned Jail Superintendent electronically.
MANOJ KUMAR OHRI, J SEPTEMBER 07, 2020 ga BAIL APPLN. 2079/2020 Page 7 of 7