Delhi High Court - Orders
Kuldeep Singh Sengar vs Central Bureau Of Investigation on 5 December, 2024
Author: Prathiba M. Singh
Bench: Prathiba M. Singh, Amit Sharma
$~82
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 53/2020 & CRL.M.(BAIL) 359/2022, CRL.M.(BAIL)
1843/2024
KULDEEP SINGH SENGAR .....Appellant
Through: Mr. N. Hariharan, Sr. Adv. with Mr.
Shashi Tripathi, Mr. Sharian
Mukherji, Mr. Aman Akhtar, Mr.
Sana Singh and Mr. Vasundhara N,
Advocates.
versus
CENTRAL BUREAU OF INVESTIGATION .....Respondent
Through: Mr. Ravi Sharma, SPP for CBI.
Mr. Mehmood Pracha, R.H.A.
Sikander, Mr. Jatin Bhatt, Mr.
Sanawar Chaudhary, Mr. Kshitij Singh
& Mr. Nuzat Nasum, Advs. of the
Survivor along with Survivor in
person
CORAM:
JUSTICE PRATHIBA M. SINGH
JUSTICE AMIT SHARMA
ORDER
% 05.12.2024
1. This hearing has been done through hybrid mode. CRL.M.(BAIL) 1843/2024
2. This application has been filed by the Appellant under Section 389(1) of the CrPC read with Section 430(1) of the BNSS seeking interim suspension of sentence for five months on medical grounds. The Appellant has been convicted for the offences punishable under Section 376 of Indian Penal Code, 1860 (hereinafter 'IPC') and Sections 5(c)/6 of the Protection Of Children from Sexual Offences Act, 2012 (hereinafter 'POCSO Act') and has been in jail since 13th April, 2018.
CRL.A. 53/2020 Page 1 of 11This 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 05/12/2024 at 22:48:06
3. The Appellant vide order on sentence dated 20th December, 2019, has been sentenced to imprisonment for life along with a fine of Rs. 25,00,000/- and an additional compensation of Rs. 10,00,000/- to be paid to the mother of the survivor.
4. The present case involves an extremely unfortunate incident which has a long and chequered history. The rape incident had taken place in Village Makhi, Unnao, Uttar Pradesh on 4th June, 2017. The trial of this case along with the other connected matters was shifted to Delhi i.e., Court of Shri Dharmesh Sharma, District Judge, West, Tis Hazari Courts by a detailed order passed by the Hon'ble Supreme Court on 1st August, 2019 in Suo Moto Writ Petition (Criminal) No.1/2019 along with Transfer Petition (Criminal) Nos. 242-245/2019. A perusal of the said order of the Hon'ble Supreme Court would show that there were apprehensions expressed as to the safety and security of the survivor as also her family members. The Central Reserve Police Force (CRPF) was directed to provide protection to the survivor and her family members including mother of the survivor, four siblings of the survivor, Mr Mahesh Singh (uncle of the survivor) and his family members, who live in Makhi Village, Unnao, as also her lawyer. An interim compensation of Rs. 25,00,000/- was also directed to be paid to the mother of the survivor by the State of Uttar Pradesh as an interim measure. Various other detailed directions were issued by the Hon'ble Supreme Court by the said order with respect to expeditious trial of the matter.
5. Presently, the survivor is located in Delhi and the rest of the family is in Unnao, Uttar Pradesh. There are allegations that the survivor's father, two aunts and the lawyer had passed away under suspicious circumstances. In the case of the survivor's father, this Court has been informed that the Appellant CRL.A. 53/2020 Page 2 of 11 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 05/12/2024 at 22:48:06 has, in fact, been convicted.
6. Mr. N. Hariharan, ld. Senior Counsel appears for the Appellant submits that the medical condition of the Appellant is quite serious and he is suffering from various ailments. He also has attempted to highlight the fact that there is no threat perception as on date to the survivor or her family. He further submits that the Appellant wishes to obtain treatment from Sankara Nethralaya, Chennai and also wants to undergo other tests and diagnostics in order to get proper treatment. He also intends to obtain other related treatment from the Ram Manohar Lohiya Hospital, Lucknow, Uttar Pradesh. It is, thus, prayed that interim suspension of sentence may be granted for a period of two months.
7. On the other hand, Mr. Mehmood Pracha, ld. Counsel appearing for the survivor has opposed the application and submits that even in the past, the medical reports which have been submitted, have not been fully accurate. In the case of the Appellant's brother - Jaideep Singh Senger in CRL.A. 451/2020 titled as 'Jaideep Singh Senger @ Atul Singh v. CBI', a learned Single Judge of this Court, after appointing a Medial Board had come to the conclusion that the suspension was not required, at that stage, as he was able to perform his day-to-day activities without any assistance. The order dated 18th January, 2023 passed by the ld. Single Judge is relied upon, the relevant portion of the same has been extracted below:
"In view of this report, it is clear that the appellant/applicant even though has a medical condition but he is able to perform his day-to-day functions independently and as of now there seems to be no need for assistance at present in performing his day-to-day activities as the nature of movements are functional and non organic in CRL.A. 53/2020 Page 3 of 11 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 05/12/2024 at 22:48:07 nature.
For the aforesaid reasons, I am not inclined to grant further suspension of sentence to the appellant/applicant and the application is dismissed. The appellant/applicant shall surrender to the Jail Superintendent on or before 24.01.2023."
8. Ld. SPP for the CBI has also opposed the prayer for interim bail on the ground that the Appellant's release could pose a threat to the survivor and her family.
9. This Court has considered the matter. A perusal of the order passed by the Hon'ble Supreme Court would show that certain extraordinary measures had been put in place at the relevant point in time for safeguarding the security and safety of the survivor and her family.
10. Presently, though the ld. Counsels have pointed out that the Union of India has moved an application for withdrawal of security given to the survivor, the same is still continuing and the application is stated to be pending before the Hon'ble Supreme Court.
11. Today, the survivor, however, is present in Court and for the present application, this Court is considering the medical grounds on which the suspension of sentence is sought. This Court had called for a report regarding the medical condition of the Appellant/Applicant from the Medical Officer at the Central Jail No. 3, Tihar Jail, New Delhi. A detailed medical status report by the Office of Senior Medical Officer, Central Jail No. 3, Tihar Jail, New Delhi dated 25th November, 2024 has been submitted to this Court. The said medical report is of relevance and is extracted below: -
CRL.A. 53/2020 Page 4 of 11This 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 05/12/2024 at 22:48:07 "Medical status report dated 25.11.2024.
"With reference to the Registrar General, High Court of Delhi, New Delhi, seeking medical report of aforesaid inmate patient to be submitted as per date given.
As per prisoner management System, the aforesaid inmate/patient is currently lodged in Central Jail No.03, Tihar Since 24.08.2019.
Inmate/patient is known case of Diabetes Mellitus Type-II with Bronchial Asthma with external and internal Hemorrhoids with Low back ache with radiculopathy bilateral lower limbs with Anxiety with decreased sleep with Chronic periodontitis (dental pain).
Inmate/patient is under regular follow-up of jail visiting Orthopaedician, Jail visiting Surgeon, jail visiting Ophthalmologist from D.D.U Hospital, Jail Dental Surgeon, jail Medicine Specialist, Maulana Azad Institute of Dental Sciences (MAIDS), Orthopaedics department - Lok Nayak Hospital, Neurology department - G.B Pant Hospital, Eye department- D.D.U hospital, Guru Nanak Eye Centre (GNEC) as well as AIIMS.
Inmate/patient has been reviewed by Jail Senior Resident Orthopedics as well as Orthopaedics department - Lok Nayak Hospital multiple times in view of Low back ache with numbness in bilateral lower limbs. He last visited Lok Nayak Hospital on 16.10.2024. He was advised medications, L-S belt, and physiotherapy accordingly. He was also advised MRI L- S Spine.
Inmate/patient was also reviewed in Neurology department - G.B Pant Hospital on 09.11.2024 in view of low backache with pain radiating to left lower limb with loss of sensation left lower limb. His detailed examination was done by Neurologist wherein tenderness was found at lumbar region, decreased CRL.A. 53/2020 Page 5 of 11 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 05/12/2024 at 22:48:07 power and loss of sensation over left lower limb was also noted. He was advised medicines, Physiotherapy along with MRI LSSpine and also advised to review in Neuro-surgery OPD and Orthopaedics department with MRI report. The date for the same has been procured from Radiology - G.B Pant Hospital as on 01.04.2026. Inmate/patient has also been reviewed by Jail Senior Resident Medicine on multiple occasions in view of Diabetes Mellitus with Hypertension with Bronchial Asthma. Inmate/patient had given repeated complaints of dry cough with minimal expectoration with shortness of breath along with deranged blood sugar levels and numbness in both lower limbs. He was also admitted in Central Jail Hospital under Medicine department on multiple occasions for the same. He was recently admitted on 19.10.2024 till 22 .10.2024 as well as on 25.10.2024 to 26.10.2024.
Inmate/patient was reviewed by Jail visiting Senior Resident Surgery with complaint of pain and bleeding per rectum and diagnosed as external and internal grade Ill Hemorrhoids. On examination it was found 11 O' clock external Hemorrhoids and 7 O' internal Hemorrhoids grade - Ill. He was advised medications, high fiber diet and Sitz bath accordingly. He was last reviewed by jail visiting SR. Surgery - D.D.U Hospital on 22.10.2024 wherein he was provided appropriate treatment and advised Proctoscopy at D.D.U Hospital. On 05.11.2024, he was again reviewed by Surgeon - D.D.U Hospital in view of persistent pain and bleeding while defecation wherein Surgeon advised for Haemarroidectomy (Surgery). Inmate/patient was also referred to department of Anaesthesia (PAC clinic) on 23.11.2024 however, his PAC was not done.
Inmate/patient was reviewed by Jail Dental Surgeon on multiple occasions with complaints of pain and sensitivity of teeth with bleeding gums with difficulty in chewing wherein he was diagnosed as chronic periodontitis. He was provided treatment accordingly CRL.A. 53/2020 Page 6 of 11 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 05/12/2024 at 22:48:07 and also referred to a higher centre - MAIDS for further management. His last visit to MAIDS was on 16.10.2024 wherein he was given treatment accordingly and asked to review after 01 month. Inmate/patient was last reviewed on 22.10.2024 wherein it was noted that he is having dental pain with pain radiating to lower jaw with reduced mouth opening.
Inmate/patient has been reviewed by jail visiting Eye specialist - D.D.U Hospital, Eye department - D.D.U Hospital as well as Guru Nanak Eye Centre (GNEC) for both eyes decreased vision. Patient was diagnosed as both eye cataract by Eye department - D.D.U Hospital but in view of retinal changes patient was referred to higher centre by Head Of department (HOD) -
department of EYE, D.D.U Hospital.
Accordingly, patient was reviewed at GNEC as well as AIIMS Hospital. In view of long waiting period at AIIMS, patient was reviewed at GNEC on 04.09.2024 wherein his both retina were examined and diagnosed as both eye high myopia with peripheral retinal degeneration. In view of requirement of urgent intervention, patient was planned for laser therapy on the immediate next day i.e. on 05.09.2024. His both eye laser therapies were done on 05 .09.2024, 26.09.2024 as well as 28.10.2024. On his last visit to GNEC I e. on 28.10.2024, patient was advised for cataract surgery and then continue laser therapy in view of persistent decreased vision.
Inmate/patient has also been reviewed by Jail Psychiatrist on multiple occasions with complaints of Anxiety with decreased sleep with headache. He was advised medications accordingly and patient is compliant to the therapy. He was last reviewed on 21.11.2024.
At present, inmate/patient still complains of severe low backache with numbness in both lower limbs with loss of sensation left lower limb with difficulty in performing daily activities, decreased vision inspite of CRL.A. 53/2020 Page 7 of 11 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 05/12/2024 at 22:48:07 multiple therapies, on & off acute exacerbation of bronchial asthma (shortness of breath) with deranged blood sugar levels, pain and bleeding while defecation with anxiety and decreased sleep inspite of full compliance to treatment. court.
This is submitted for your kind information and onward submission to the Hon'ble Court."
12. As per the said medical report, the following is the medical condition of the Appellant:
i) That the Appellant is suffering from Diabetes Mellitus Type-II with Bronchial Asthma with external and internal Hemorrhoids with Low back ache with radiculopathy bilateral lower limbs with Anxiety with decreased sleep with Chronic periodontitis (dental pain);
ii) That the Appellant is also having orthopedic issues requiring physiotherapy and orthopedic intervention. The date given by the G.B. Pant Hospital for MRI LS-Spine and the Neuro surgery department is 1st April, 2026 for review in Neuro-surgery OPD and Orthopaedics department with MRI report;
iii) The Appellant is also suffering from certain retinal issues. The Appellant is advised urgent intervention for his eyes and is also advised to undergo cataract surgery and continue laser therapy;
iv) Insofar as dental issues etc., are concerned, the Jail Dental Surgeon has examined the Appellant. The Appellant has been examined in AIIMS even before, as per the report;
v) The Appellant has suffered bleeding per rectum and diagnosed as external and internal grade III Hemorrhoids. As per the report, he has also been advised surgery for Haemarroidectomy.CRL.A. 53/2020 Page 8 of 11
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 05/12/2024 at 22:48:07
13. This Court cannot ignore all these medical conditions which the Appellant is suffering from. In Pt. Parmanand Katara v. Union of India & Ors., AIR 1989 SC 2039, the Hon'ble Supreme Court has emphasised on the importance of preserving life, be it of an innocent person or a criminal liable to be punished. The relevant portion of the judgment has been extracted below:
"There can be no second opinion that preservation of human life is of paramount importance. That is so on account of the fact that once life is lost, the status quo ante cannot be restored as resurrection is beyond the capacity of man. The patient whether he be an innocent person or be a criminal liable to punishment under the laws of the society, it is the obligation of those who are in-charge of the health of the community to preserve life so that the innocent may be protected and the guilty may be punished. Social laws do not contemplate death by negligence to tantamount to legal punishment."
14. Subsequently in Re-inhuman Conditions In 1382 Prisons, (2017) 10 SCC 658, the Hon'ble Supreme Court has reiterated that Right to Health is a human right and medical assistance shall be provided to the prisoners. The relevant portion has been extracted below:
"58.8. Providing medical assistance and facilities to inmates in prisons needs no reaffirmation. The right to health is undoubtedly a human right and all State Governments should concentrate on making this a reality for all, including prisoners. The experiences in Karnataka, West Bengal and Delhi to the effect that medical facilities in prisons do not meet minimum standards of care is an indication that the human right to health is not given adequate importance in prisons and that may also be one of CRL.A. 53/2020 Page 9 of 11 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 05/12/2024 at 22:48:07 the causes of unnatural deaths in prisons. The State Governments are directed to study the availability of medical assistance to prisoners and take remedial steps wherever necessary."
15. Considering the aforesaid position of law, the history of this case as also the medical condition of the Appellant and the totality of facts and circumstances of the present case, the present application is partly allowed and the Appellant/Applicant is directed to be released on interim bail, till the next date of hearing, on his furnishing a personal bond in the sum of Rs.50,000/- along with one surety of the like amount to the satisfaction of the concerned Jail Superintendent, subject to the further following conditions: -
i) The Appellant/Applicant shall be admitted to AIIMS, New Delhi on the next day of his release for a comprehensive review of his medical condition and the Medical Superintendent, AIIMS, New Delhi shall enable his admission. The medical report which is extracted above shall be handed over to the Medical Superintendent, AIIMS, New Delhi and the Medical Board from various departments shall examine the Appellant and submit a report to this Court on the future course of treatment;
ii) The Board shall also opine as to whether all his treatments can be administered in AIIMS, New Delhi and if so, within what period.
iii) Initially, the Appellant shall be admitted in AIIMS, New Delhi for at least a period of 3 to 4 days so that the Medical Board can have a comprehensive evaluation;
iv) Upon the advice of the treating Doctors, if the Appellant is to be discharged from the hospital, he shall remain in an identified premises CRL.A. 53/2020 Page 10 of 11 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 05/12/2024 at 22:48:07 and shall not contact the survivor, her family or any other person including lawyers connected with this case in any manner whatsoever;
v) The Appellant shall remain in touch with the local CBI officer, who is going to be deputed by the CBI pursuant to this order and his number shall be provided to the survivor as also to the Appellant. The local CBI officer shall be in touch with the Medical Board of AIIMS so as to monitor the treatment of the Appellant on daily basis;
vi) The Appellant shall provide his residential address to the concerned CBI officer where he would be residing;
vii) The Appellant shall not leave Delhi or change his residence without prior permission of this Court;
viii) The Appellant shall provide his mobile number to the CBI official and intimate about any change;
16. The application is partly allowed in the above terms and disposed of accordingly.
17. Copy of the order be sent to the concerned Jail Superintendent as also to the Medical Superintendent of the AIIMS, New Delhi, through electronic mail as well, if available, for necessary information and compliance.
18. Order be given dasti under the signature of the Court Master.
19. Order be uploaded on the website of this Court forthwith. CRL.A. 53/2020 & CRL.M.(BAIL) 359/2022
20. List on 20th December, 2024.
PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
DECEMBER 05, 2024 Rahul/ks CRL.A. 53/2020 Page 11 of 11 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 05/12/2024 at 22:48:07