Bajlur Rahaman vs State (Govt Of Nct Delhi) on 23 October, 2020

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Delhi High Court - Orders

Bajlur Rahaman vs State (Govt Of Nct Delhi) on 23 October, 2020

Bench: Suresh Kumar Kait

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     BAIL APPLN. 3290/2020
      BAJLUR RAHAMAN                                     ..... Petitioner
                         Through       Mr. Hasim Alam, Adv.

                         versus

      STATE (GOVT OF NCT DELHI)               ..... Respondent
                    Through  Mr. Amit Chadha, APP for the State


      CORAM:
      HON'BLE MR. JUSTICE SURESH KUMAR KAIT
                   ORDER

% 23.10.2020 The hearing has been conducted through video conferencing. Crl. M.A.14844/2020 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

BAIL APPLN. 3290/2020

3. The present petition has been filed by the petitioner under Section 439 Cr.P.C. for grant of interim bail for a period of 8 weeks in case FIR 160/2019 registered at PS Special Cell, Delhi.

4. Notice issued.

5. Learned APP for the State accepts notice.

6. The report on medical condition of the petitioner as received from Jail Superintendent concerned is as under:-

"The inmate came to jail dispensary on 05.06.2020, 08.07.2020, 10.07.2020, 17.07.2020, 07.08.2020, 21.08.2020, BAIL APPLN. 3290/2020 Page 1 of 3 28.08.2020, 04.09.2020, 11.09.2020, 25.09.2020, 03.10.2020 and 09.10.2020 with complaints of painful defecation and bleeding per rectum during defecation. He was reviewed by Medical Officer on duty and jail visiting Senior Resident Surgery from DDU Hospital. On examination, he was found to have fissure-in- ano at 12 O'clock position and increased anal sphincter tone. He was provided symptomatic treatment in the form of oral medicines, analgesic ointment for local application and laxative syrup. During his recent reviews on 25.09.2020, 03.10.2020 and 09.10.2020, the inmate was advised referral to DDU Hospital for surgery (Fissurectomy and Sphincterectomy) and for pre- anesthesia check-up for the said surgery.

At present the inmate is known case of fissure-in-ano. He is suffering from painful defecation and bleeding per rectum during defecation. He is being provided symptomatic treatment from jail dispensary but his symptoms are persisting and no improvement is reported. He has been advised referral to DDU Hospital for further surgical management (Fissurectomy and Sphincterectomy) by Jail visiting Senior Resident Surgery in view of aggravation of symptoms but the same 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 at DDU Hospital and declaration of DDU Hospital as partially dedicated Covid-19 Hospital."

7. On perusal of the aforesaid report, it is not in dispute that the petitioner is seriously ill and he needs immediate surgery. Since petitioner is a resident of West Bengal and no one of his family is in Delhi, therefore, I hereby direct the Jail Superintendent concerned to take the petitioner to a hospital where surgery and the required treatment can be given without any delay.

8. I hereby make it clear that the Jail Superintendent concerned shall not take shelter of ongoing COVID-19 pandemic and shall get the treatment of petitioner done on priority basis and file a report on the medical condition of BAIL APPLN. 3290/2020 Page 2 of 3 the petitioner and treatment being given to him before this Court at least two days before the next date of hearing.

9. Renotify on 02.12.2020 for further directions.

10. The order be uploaded on the website forthwith.

SURESH KUMAR KAIT, J OCTOBER 23, 2020/rk BAIL APPLN. 3290/2020 Page 3 of 3

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Delhi High Court - Orders