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Shamshad Ali vs The State Nct Of Govt Of Delhi on 19 July, 2024

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

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                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           BAIL APPLN. 612/2024
                                                SHAMSHAD ALI                                   .....Petitioner
                                                               Through: Mr. Kapil Singhal, Advocate.
                                                               versus
                                                THE STATE NCT OF GOVT OF DELHI               .....Respondent
                                                               Through: Mr. Utkarsh, APP for the State with
                                                                          Ms. Garima Khetal, Mr. Abhinav
                                                                          Sharma, Mr. Vijay Kumar and Mr.
                                                                          Nikhil Tyagi, Advocates.
                                                                          Insp. Raj Kumar, P.S.: Jagat Puri.
                                                CORAM:
                                                HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                               ORDER

% 19.07.2024 CRL.M.A. 19822/2024 Pursuant to last order dated 09.07.2024, the State has filed Status Report dated 16.07.2024.

2. The status report records that insofar as the petitioner's problem of ventral hernia is concerned, the attending doctors at Lok Nayak Hospital, New Delhi have opined that though the petitioner suffers from ventral hernia, he does not require immediate surgery and the same can be performed electively, later.

3. However, insofar as the petitioner's problem of 'glaucoma' is concerned, the status report says that despite request letters and reminders sent to the doctors at AIIMS, New Delhi, their opinion is still awaited.

4. Mr. Kapil Singhal, learned counsel appearing for the petitioner submits, that as per medical advice received, the petitioner only needs to go for a review for glaucoma and no surgery has been advised so far. Counsel BAIL APPLN. 612/2024 Page 1 of 3 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 20/07/2024 at 04:20:02 submits, that his glaucoma problem can be followed-up even by visiting AIIMS from the jail.

5. Counsel however insists that the petitioner's interim bail needs to be extended for him to take steps for undergoing ventral hernia surgery.

6. Mr. Utkarsh, learned APP appearing for the State on the other hand submits, that the petitioner has been on interim bail since 30.04.2024; and that his interim bail should not be extended any longer.

7. Upon a consideration of the facts and circumstances of the case, this court is of the view that since the attending doctors at Lok Nayak Hospital have opined that the petitioner does not require immediate surgery for ventral hernia, which can be performed electively later, the petitioner's plea for interim bail for undergoing such surgery can be considered subsequently, once the petitioner schedules the required tests and gets a confirmed date for surgery.

8. Insofar as the petitioner's problem of glaucoma is concerned, that can be addressed by directing the Jail Superintendent to have the petitioner escorted to AIIMS, New Delhi for review by the doctors, as and when required, as per prescription.

9. In the circumstances, the present application is dismissed, directing the petitioner to surrender to custody by tomorrow, i.e. 20.07.2024.

10. However, the Jail Superintendent is directed to arrange for the petitioner to visit the doctors at AIIMS, New Delhi, for his glaucoma problem, based on the dates of review stated in his prescription.

11. It is further clarified that the petitioner shall be at liberty to apply for interim bail once he has scheduled his tests/surgery for ventral hernia.

12. Application stands disposed-of.

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 20/07/2024 at 04:20:02

13. Let a copy of this order be sent to the Jail Superintendent for information and compliance forthwith.

14. Petition already stands disposed-of vide order dated 30.04.2024.

ANUP JAIRAM BHAMBHANI, J JULY 19, 2024 ds BAIL APPLN. 612/2024 Page 3 of 3 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 20/07/2024 at 04:20:03