Delhi High Court - Orders
Sarabjeet Singh Alias Lucky Alias ... vs The State on 13 July, 2022
Author: Anu Malhotra
Bench: Anu Malhotra
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 193/2022
SARABJEET SINGH ALIAS LUCKY ALIAS AVNEET SINGH
..... Appellant
Through: Mr.Bhavneet Singh, Advocate
versus
THE STATE ..... Respondent
Through: Ms.Kusum Dhalla, APP for State
with SI Heera
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 13.07.2022 Crl.M.(Bail) 796/2022 (Interim Bail) The applicant vide the present petition seeks the grant of interim bail for a period of 90 days submitting to the effect that father of the applicant at the time of filing of the application was confined to bed as a tumour was detected in his brain and had been advised immediate surgery and that the father of the applicant had undergone surgery on the date 16.6.2022 and was discharged on 23.6.2022 and that after the surgery he suffered a paralytic attack and was confined to bed with there being complications after the surgery and was re-admitted to RML hospital on 30.6.2022 for his treatment and that due to the medical condition of the applicant's father he had to be taken to the hospital as and when required and has to be virtually carried for all purposes.
It is inter alia submitted through the application that the appellant is Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.07.2022 12:46:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
the only son and there is only the mother of the applicant, who herself is a senior citizen suffering from several ailments and is unable to take proper care of the father of the applicant. Inter alia the applicant submits that the applicant had earlier been released on interim bail for a period of 30 days by the Trial Court.
The status report from the RML hospital which was then awaited was called for to be submitted by the State inclusive of the aspect of the mother of the applicant being a senior citizen and there being only female members in the family of the applicant to lookafter the mother was directed to be submitted.
The State has submitted the status report dated 13.7.2022 under the signatures of the SHO Police Station Maurice Nagar.
On behalf of the applicant the submissions made through the application under consideration have been reiterated.
The learned APP for the State opposes the prayer made by the applicant seeking the grant of interim bail submitting to the effect that erroneous statements are being put forth and that the applicant's father has since been discharged and his limbs are moving despite the submission made that he had suffered a paralytic attack and that his condition has been improving and he was thus discharged on 23.6.2022. The State however does not dispute the factum of the applicant's father having undergone a tumor removal process as per the status report submitted by the State to which is annexed the report of Atal Bihari Vajpayee Institute of Medical Sciences, Dr.Ram Manohar Lohia, Hospital, Department of Neurosurgery, as per which the applicant's father will require post operative adjuvant Chemotherapy and Radiotherapy and may require a second surgery in future Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.07.2022 12:46:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
for removal of residual/recurrent tumour with it having been submitted through this status report dated 9.7.2022 of the Associate Professor & HOU, Department of Neurosurgery, ABVIMS, that the disease carries a grave prognosis. The State also does not refute the aspect of the applicant's mother who is the only caretaker of the applicant's father and being 59 years of age.
On a consideration of the submissions that have been made on behalf of either side, the status report submitted by the State as well as the report from the Dr. R.M.L. Hospital, dated 9.7.2022, in the interest of justice, for a period of 45 days, from the date of his release, the applicant is allowed to be released on interim bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Registrar General of this Court with directions that the applicant under no circumstances shall leave the city, that he shall appear before the Court as and when directed and shall keep his mobile phone on at all times and drop a pin on the Google map to ensure that his location is available to the Investigating Officer and shall surrender on the 45th day of his release before the Superintendent, Central Jail, concerned.
The Crl.M.(Bail) No. 796/2022 stands disposed of. Crl. A. No. 193/2022 and Crl.M.(Bail) No. 520/2022( Regular Bail) The appeal has been admitted on 4.5.2022. The Trial Court Record is directed to be requisitioned both in the e form and in the physical form for the next date of hearing.
As regards the Crl.M.(Bail) 520/2022 filed on behalf of the applicant seeking suspension of sentence during the pendency of the appeal submitting to the effect that he has been incarcerated for more than 3 ½ years out of the 12 years of imprisonment and suffers from Obssessive Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.07.2022 12:46:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Complusive disorder (OCD) and has been under psychiatric treatment from IHBAS, RML Hospital, DDU hospital since diagnosed with OCD with depressive disorder and had not reported his psychiatry complaints (OCD) in OPD, due to fear that other inmates would laugh at him, the status report of the State dated 30.5.2022 is on the record opposing the prayer made by the applicant vide order dated 23.5.2022.
In view of the submissions that had been made in the application submitting to the effect that the applicant suffers from Obssessive Complusive disorder (OCD) since 2007 and a verification of the medical condition of the applicant as well as of his mental state was called for from the Superintendent, Jail, Delhi along with the nominal roll of the applicant.
The report received from the Senior Medical Officer, Central Jail, Delhi dated 31.5.2022 indicates that the applicant is a diagnosed case of obsessive compulsive disorder and has been on follow-up and treatment from jail psychiatrists since July 2021 and has reported 20% improvement in his condition and had been irregular with his psychiatric medications because of which he was admitted to B.T (Psychiatry) Ward on 14.05.2022. It was stated by the Senior Medical Officer, Central Jail, Tihar, that as per the Specialist Grade-2 (Pshychiatry) & I/C M.H.U. Deptt. Prisons and based on the preliminary inpatient evaluation dated 31.5.2022 the applicant seems to be under-reporting his improvement and has been having clashes with fellow inmates in the psychiatry ward unexplained by his illness but that he is behavioraily and medically stable. (emphasis supplied) In view of the said report that has been received from the Jail Superintendent, Delhi, to the extent that the averment is made in Crl.M.(Bail) No. 520/2022 that the applicant be released on bail and his Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.07.2022 12:46:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
sentence be suspended due to his Obssessive Complusive disorder (OCD) ailment, the said submission cannot be accepted.
Learned counsel for the appellant/applicant further submits that there are material inconsistencies in the prosecution version and that the applicant has a good case on merits and seeks time to make submissions in relation to thereto. To the extent of only the merits of the prayer made in relation to the aspect of the applicant having a good case on merits, Crl.M.(Bail) No. 520/2022 is renotified for consideration for 14.7.2022.
ANU MALHOTRA, J JULY 13, 2022/sv Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:14.07.2022 12:46:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.