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Abhishek Vasisth @ Abhi Sharma @ Abhinav ... vs State & Anr on 6 February, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~3
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     BAIL APPLN. 2289/2022
                                ABHISHEK VASISTH @ ABHI SHARMA @ ABHINAV
                                SHARMA                                   ..... Petitioner
                                               Through: Mr. Anup Kumar Das and Mr. Anith
                                                        Johnson, Advocates.

                                                    versus

                                STATE & ANR.                                         ..... Respondents
                                                    Through:     Mr. Shoaib Haider, APP for the State
                                                                 with SI Preeti, P.S.: Barakhamba
                                                                 Road.
                                                                 Mr. Linoy Varghese, Advocate with
                                                                 respondent No. 2 in-person via video-
                                                                 conferencing.
                                CORAM:
                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 06.02.2023 Pursuant to the last order, the Jail Superintendent has forwarded a medical report dated 02.02.2023 in respect of the petitioner. The report has been perused. On the basis of prescriptions and advice rendered by MAX Hospital, Gurugram, the medical report narrates that the petitioner is not a fit candidate either for abdominoplasty, thighplasty or liposuction surgery.

2. Mr. Shoaib Haider, learned APP for the State has also handed-up the latest certificate/prescription dated 06.02.2023 issued by the attending doctor, in which however the doctor has opined that the petitioner requires deep compression and fusion surgery with coccygectomy for degenerative lumbar spine.

3. Let the latest certificate/prescription dated 06.02.2023 be placed on record. Let copies of the medical status report along with the latest prescriptions be also furnished to learned counsel for the petitioner.

4. Let the updated nominal roll be requisitioned from the Jail Superintendent.

5. Let the petitioner set-up a schedule for admission to hospital for spinal surgery; and place the prescription on record. Let copies be supplied to the Investigating Officer, for him to undertake a pre- verification of the same before the next date.

6. Learned counsel submits, that by reason of pendency of the present interim bail petition, the learned Sessions Court before whom a regular bail application is pending, has not proceeded with the matter. It is made clear that the bail petition, stated to be pending before the learned ASJ, may be decided in accordance with law, without awaiting a decision in the present matter.

7. Let copies of all filings be supplied to learned counsel for the complainant/prosecutrix, who joined via video-conferencing.

8. Re-notify on 22nd February 2023.

ANUP JAIRAM BHAMBHANI, J FEBRUARY 6, 2023/ak Signature Not Verified Digitally Signed By:NEERAJ Signing Date:08.02.2023 BAIL APPLN. 2289/2022 Page 2 of 2 12:38:58