Delhi High Court - Orders
Chandan Lal vs The State Govt Nct Of Delhi &Anr on 16 March, 2023
Author: Amit Sharma
Bench: Amit Sharma
$~20
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 537/2023
CHANDAN LAL ..... Petitioner
Through: Ms. Nishtha Ganesh, Mr. Manoj
Kumar, Advocates.
versus
THE STATE GOVT NCT OF DELHI &ANR ..... Respondents
Through: Ms. Manjeet Arya, APP for the State
with S.I. Parvesh, P.S. NIA.
Ms. Shivani, Mr. Surander Kumar,
Advocates for complainant.
CORAM:
HON'BLE MR. JUSTICE AMIT SHARMA
ORDER
% 16.03.2023
1. The present application under Section 439 of the Cr.P.C., seeks regular bail in case FIR No. 0013/2023, under Section 304 of the IPC, registered at P.S. Narela Industrial Area.
2. The facts as recorded in the status report dated 12.03.2023 authored by Insp. Girish Chandra, Status House Officer, P.S. Narela Industrial Area, are reproduced as under:
"Briefly stated the facts of the case are that on 01-01-2023, vide DD No. 96A Time 10.02 PM an information from the SRHC Hospital Narela received at PS Narela Industrial Area regarding the brought dead of Charanjeet Age - 40 yrs, S/o Nand Lal R/o B- 1781 Metro Vihar -II, Holambi Kalan, Delhi, who was admitted by his wife Smt. Ranjni. The said information was entrusted to ASI Manoj Kumar, who reached at the Hospital and collected Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.03.2023 19:27:31 MLC No. 21/23 in respect of Charanjeet wherein Doctor has mentioned "Patient brought by CATS ambulance to casualty in unconscious, unresponsive state O/E unconscious, unresponsive to painful to stimulus ECG recorded, LE scratch mark/Nail scratch mark over (R) thumb inner aspect & dorsum of hand &patient declared brought dead at 09:06 PM". Dead body of deceased was got preserved in Mortuary of BJRM Hospital. Later on, the said call was marked to SI Parvesh for further necessary action. SI Parvesh contacted the wife of the deceased namely Smt. Rajni and requested her to give her statement but she did not give statement as she was under distress. On 03/01/2023 Smt. Rajni gave a complaint stating therein that on 01/01/2023, her husband Charanjeet came to the house about 07:30 PM and informed her that he had a fight with Chandan (petitioner herein), during fight Chandan bite on his hand. After that she took her husband to the Doctor Anuj at Poly Clinic and the Doctor had given three injections to her husband but he did not get any relief. However Doctor Anuj informed her to take her husband home saying that he will get relief in sometime, so she took her husband home. After sometime her husband had vomited blood, so she called Dr. Anuj and informed about him about vomited blood. She informed that Dr. Anuj had sent someone from his clinic to her house who measured the B.P. of her husband and told that B.P. is normal. After that her husband's condition deteriorated and she called emergency number 102 and took her husband to the SRHC Hospital Narela where doctor declared him dead. The Post mortem examination of dead body of Charanjeet was got conducted by the Medical Board Constituted at MAMC Hospital, Delhi. During the Post Mortem, the Doctor preserved Viscera and Histopathology samples of deceased for chemical analysis and same were duly taken into police possession. On the basis of the above statement of Smt. Rajni case FIR No. 13/2023 Dt. 03.01.23 under section 304 IPC was registered and investigation was taken up."
2. It is the case of the prosecution that during the course of investigation, Smt. Rajni gave a supplementary statement, wherein she stated that her late husband Charanjeet had informed her about the beatings given by the present applicant to him. It is further the case of prosecution that the Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.03.2023 19:27:31 statements of eye-witness, namely, Irshad Ali, Naushad and Pardeep were recorded who also stated that the deceased was beaten by present applicant on 01.01.2023. The present applicant was arrested on 05.01.2023 and has been in judicial custody since then.
3. During the course of the investigation, postmortem report of the deceased Charanjeet was obtained and as per the postmortem report, the cause of death was opined as follows:
"Death in this case occurred as a result of myocardial infection consequent upon coronary artery thrombosis due to atherosclerotic coronary artery disease. Viscera and other samples have been preserved for chemical analysis and representative tissue samples have been preserved for histopathology. Further opinion will be given after the receipt of chemical analysis histopathology reports. With regard to medical negligence, it was informed that Central Council of Indian Medicine (CCIM) is the appropriate authority for adjudication in cases of medical negligence; hence this case may be referred to Central Council of Indian Medicine (CCIM) for further investigation and necessary action with regard to medical negligence".
4. It is further stated that during the course of investigation, notice under Section 91 of the Cr.P.C. was served upon Dr. Anuj for providing his degree, certified copies of the treatment documents of the deceased patient, details of injections administered to the deceased patient and to provide the syringe along with vial/ampule of the injection/medicine.
5. It is further submitted that the investigation in the present FIR is complete and the chargesheet has been filed and histopath samples have been deposited for examination, but the opinion is still awaited. The same shall be filed alongwith supplementary challan.
6. Learned counsel for the applicant submits that a bare perusal of the postmortem report reflects that the death of the deceased was not on account Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.03.2023 19:27:31 of the alleged beatings given by the present applicant. The investigation is complete and the final opinion with regard to the cause of death of the applicant, i.e., whether it was on account of administration of wrong injection or on account of the alleged beatings given by the applicant, is awaited and is likely to take further time. On a pointed query, the Investigating Officer, who is present in the Court submits that the said opinion will take another four weeks.
7. Learned counsel for the complainant opposes the present application for bail and submits that the allegations made in the FIR are specific and the beatings given by the present applicant caused the death of Charanjeet.
8. Heard learned counsel for the parties and perused the record.
9. A perusal of the postmortem report in the present case does not reflect that the apparent cause of death are the beatings given by the present applicant. It is further observed that the report with regard to samples preserved for chemical analysis for histopathology is awaited.
10. Investigation is complete and chargesheet has been filed qua the present applicant. No useful purpose would be served by keeping the applicant in judicial custody.
11. In view of the aforesaid facts and circumstances, the present application is allowed.
12. The applicant is directed to be released on bail on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety of like amount to the satisfaction of the learned trial Court/Link Court, further subject to following conditions:
i. The applicant shall not leave the country without prior permission of the trial Court.Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.03.2023 19:27:31
ii. The applicant shall intimate the trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the Court as and when the matter is taken up for hearing iv. The applicant shall join investigation as and when called by the Investigating Officer concerned.
v. The applicant shall provide his mobile number to the Investigating Officer and intimate about any change.
13. The application is allowed and disposed of accordingly.
14. Order be uploaded on the website of this court forthwith.
15. Needless to state, nothing mentioned hereinabove is an opinion on the merits of the case.
16. Copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.
AMIT SHARMA, J MARCH 16, 2023/ab Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:16.03.2023 19:27:31