Delhi High Court - Orders
Abhishek Vasisth @ Abhi Sharma @ Abhinav ... vs State & Anr on 26 September, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2289/2022
ABHISHEK VASISTH @ ABHI SHARMA @ ABHINAV SHARMA
..... Petitioner
Through: Mr.Hemant Singh, Mr.Anup Kumar
and Ms.Deepanshi Sethi, Advocates.
versus
STATE & ANR. ..... Respondents
Through: Mr. Aman Usman, APP for State with
SI Shiwangi Singh, PS: Barakhamba
Road and Dr.Sujata Sarabhai,
Safdarjung Hospital.
Mr. Jaspreet Singh Rai and Mr. Linoy
Varghese, Advocates for complainant/
respondent no.2.
Mr.Rohit Nagpal and Ms.Manisha
Saroha, Advocates for complainant.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 26.09.2022
1. An application has been preferred on behalf of the petitioner under Section 439 read with Section 482 Cr.P.C. for grant of interim bail for a period of 60 days in FIR No.81/2018, under Sections 323/376/377/406/420/467/489A/468/506/509 IPC registered at Police Station: Barakhamba Road.
2. Medical report has been received from the Office of the Senior Medical Officer, Dispensary, Central Jail 10, Rohini, wherein it has been observed that pursuant to directions passed by this Court, inmate was examined by the Professor and Consultant of Burns and Plastic Surgery Department and Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:28.09.2022 11:24:36 advised as follows:
" On 23.09.2022, in view of Hon'ble High Court order dated 13.09.2022, the inmate patient was referred to Safdarjung Hospital wherein he was reviewed by Professor and Consultant of Burns & Plastic Surgery department and was advised as follows, "Since thigh lift and pubic lift and plasty is not an emergency procedure, surgery will be deferred till he fully recovers from disc prolapse and fracture of both bone left forearm." Further on, he was advised, "to be reviewed in Burns & Plastic Surgery OPD only once he has fully recovered from the bony injury and bone pain. Advised to lose weight. Fresh weight and weight monitoring to be done regularly."
(Copy Attached)"
3. Dr. Sujata Sarabhai from Burns and Plastic Surgery Department is present in person and informs that there is no urgency of any surgery relating to Burns and Plastic Surgery Department and can be undertaken, when petitioner recovers from any other ailments relating to Orthopedic and Neurology Department.
With reference to the earlier observations regarding arranging of blood by the inmate for the purpose of surgery, it is clarified by her that in case of custody inmates, the same is arranged through the blood bank and the same appears to have been reflected in routine.
4. Learned APP for the State and learned counsel for respondent No.2 vehemently oppose the application and submit that medical grounds are being taken as a ploy, despite earlier constitution of Medical Board at AIIMS as directed by the learned Trial Court.
5. At this stage, learned counsel for the petitioner submits that the petitioner requires necessary medical treatment and as such this Court is Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:28.09.2022 11:24:36 being repeatedly approached for the same.
6. Considering the facts and circumstances, let the petitioner be examined at the Orthopedic and Neurology Department at Safdarjung Hospital and accordingly, a report be forwarded through Superintendent Jail before the next date of hearing. The report shall clearly spell out, in case, the treatment of the petitioner is feasible at a Government hospital in custody or the petitioner needs to be released for the purpose of treatment at a private hospital.
A copy of this order be forwarded to Superintendent Jail for information and compliance.
List on 09.12.2022.
ANOOP KUMAR MENDIRATTA, J.
SEPTEMBER 26, 2022/R Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:28.09.2022 11:24:36