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Delhi High Court - Orders

Pankaj Sharma vs State on 28 February, 2024

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

                                    $~12
                                    *           IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +           BAIL APPLN. 2556/2023
                                                PANKAJ SHARMA                                                              ..... Petitioner
                                                                                      Through: Mr.Sumit Gaba, Mr.Shubham Tyagi and
                                                                                      Mr.Akahs, Advocates

                                                                                      versus

                                                STATE                                                                      ..... Respondent
                                                                                      Through: Mr. Laksh Khanna, APP for State with
                                                                                      Insp. Manmeet Singh

                                                CORAM:
                                                HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                                                                                      ORDER
                                    %                                                 28.02.2024
                                    CRL.M.(BAIL) 1399/2023

1. Alongwith the Verification/Status Report, a reply dated 24.02.2024 from the concerned hospital has been placed on record, which reads as under:-

a. Accused Pankaj Sharma presented to our hospital on 23.01.2024 with complaints of severe abdominal pian, was examined by resident doctor and emergency treatment was provided.

b. Accused Pankaj Sharma has an infra umbilical swelling on right side.

c. Accused Pankaj Sharma needs to be investigated further to give definite opinion on the condition.

d. Symptoms are suggestive of hernia but further investigations are required (CECT) to confirm the diagnosis as advised.

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 04/03/2024 at 21:07:51 e. Once diagnosis of hernia is confirmed then he may be planned for Laparascopic Meshplasty after pre Anaestheia clearance.

f. Laparoscopic Meshplasty is classified under major surgery. g. This can only be decided once patient has undergone all investigations.

h. Till a definitive diagnosis is reached patient may be put on symptomatic treatment for pain relief.

i. Laparoscoic Meshplasty recovery time is approximately 3 to 4 weeks.

j. If patient undergoes the above-mentioned surgery, an attendant will be required in the hospital with the patient and post operative care at home for basic assistance. k. Laparoscopic Meshplasty at our hospital as per our current soc is :75000+Mesh+Tracker investigations + post operative medications.

l. This is a routine surgery for hernia and can be performed at any government hospital equipped with general surgery infrastructure."

2. From the above, it is apparent that the applicant needs to undergo further investigation.

3. Learned counsel for the applicant submits that the applicant volunteers to go through the procedure as well as the surgery at his own cost and risk at Khetarpal Hospital. He further submits that necessary steps for his examination will be taken by the parokar/family members.

4. Let the applicant be taken in custody to the Khetarpal Hospital on 07.03.2024 and on any other date on which the investigations are scheduled by the hospital.

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 04/03/2024 at 21:07:51

5. At the conclusion of the investigation, let a comprehensive medical report be placed on record before the next date of hearing.

6. List on 21.03.2024.

7. Let a copy of this order be communicated to the concerned Jail Superintendent for information and necessary compliance.

MANOJ KUMAR OHRI, J FEBRUARY 28, 2024 na 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 04/03/2024 at 21:07:52