Delhi High Court - Orders
Mtshelu Nomphelo vs The Customs on 12 January, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1351/2020
MTSHELU NOMPHELO ..... Petitioner
Represented by: Mr. Ajay Verma, Advocate
versus
THE CUSTOMS ..... Respondent
Represented by: Mr. Pramod Bahuguna, SPP for
Customs.
Mr. Ajay Digpaul, CGSC and
Mr.Kamal R Digpaul, Advocate for
FRRO
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 12.01.2021 The hearing has been conducted through Video Conferencing.
BAIL APPLN. 1351/20201. By this petition, the petitioner had sought interim bail for a period of two weeks in view of her medical conditions and also in view of the risk of spread of COVID virus in the prison.
2. When this petition came up before this Court on 22 nd June, 2020, this Court issued notice and asked the State to verify the medical condition of the petitioner. As per the report of the Senior Medical Officer, Central Jail, Mandoli dated 4th July, 2020, the petitioner was suffering from piles/ 'fissure in ano' and was also verified to be suffering from Hepatitis-B positive. Thus, this Court directed the Jail Superintendent to file a detailed status report verifying the other medical conditions. This Court also directed the Signature Not Verified BAIL APPLN. 1351/2020 Page 1 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:12.01.2021 17:59:09 petitioner to furnish a local address where she would be staying and inform the Court as to whether she was desirous of consulting a private hospital.
3. By the subsequent orders, this Court asked the petitioner as to whether she could get a solvent surety and the matter was pending for the same.
4. Today, learned counsel for the petitioner fairly states that the petitioner does not have a solvent surety and thus, will not be able to furnish the same to avail the benefit of an interim bail for the purpose of medical treatment.
5. Be that as it may. Even if the petitioner does not have a solvent surety in case interim bail is granted to her, petitioner's treatment is required to be done in the Jail while she is in custody. As per the report of the Medical Superintendent, Jail dated 17th July, 2020, the petitioner was required to undergo a surgery for piles, however, since in the various hospitals, no elective surgeries were being conducted due to COVID-19 pandemic, the petitioner was not planned for a surgery and it is stated that her surgery would be planned when routine surgeries in the hospital are started. Opinion qua her Hepatitis-B from Gastroenterology was also required.
6. Considering the medical condition of the petitioner, Superintendent, Central Jail, Mandoli Jail is directed to ensure that the petitioner is provided with Gastroenterologist consultation and necessary medications for her Hepatitis-B is provided and after the same is cured and when regular surgeries start at the hospital, if so advised, the petitioner's surgery for piles be also got conducted.
7. Petition is disposed of with the directions as noted above, to the Superintendent, Central Jail, Mandoli, Delhi.
Signature Not VerifiedBAIL APPLN. 1351/2020 Page 2 ofSigned Digitally 3 By:JUSTICE MUKTA GUPTA Signing Date:12.01.2021 17:59:09
8. Copy of this order be uploaded on the website of this Court and communicated to the Superintendent, Central Jail, Mandoli, Delhi.
MUKTA GUPTA, J.
JANUARY 12, 2021
PB
Signature Not Verified
BAIL APPLN. 1351/2020 Page 3 ofSigned
Digitally 3 By:JUSTICE
MUKTA GUPTA
Signing Date:12.01.2021
17:59:09