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Delhi High Court - Orders

Parvej Khan vs State Gnct Of Delhi on 5 July, 2022

                          $~10
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      BAIL APPLN. 1921/2022

                                 PARVEJ KHAN                                        ..... Petitioner
                                                     Through:      Ms. Chakshu, Adv, for Mr. O.N.
                                                                   Sharma, Advs

                                                     versus

                                 STATE GNCT OF DELHI                                 ..... Respondent
                                              Through:             Mr. Amit Ahlawat, Addl. PP for the
                                                                   State along with Mr. Gagan Kumar,
                                                                   Adv.
                                                                   IO SI Dharmender, PS Special Cell.

                                 CORAM:
                                 HON'BLE MS. JUSTICE POONAM A. BAMBA


                                                     ORDER
                          %                          05.07.2022

                          1.0    Vide this petition, the petitioner has prayed for interim bail for one

month w.e.f. 12.06.2022 to 12.07.2022 in case FIR no. 304/2022 under Sections 18/21/29/61/85 NDPS Act on medical grounds for the purpose of surgery of Lipoma and thereafter, for convalescing. 2.0. It is submitted that the petitioner requires surgery of Lipoma, but ld.

Trial court, despite verification of this fact, declined the request of the petitioner vide order dated 04.06.2022.

2.1 It is also submitted that the petitioner shall abide by any condition as may be imposed by this court.

Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:11.07.2022 10:48:59

3.0 This petition is strongly opposed by ld. Addl. Public Prosecutor on behalf of the State. Ld. Addl. Public Prosecutor submits that there are serious allegations against the petitioner for involvement in offences u/Ss 21/29/61/85 NDPS Act. Moreover, the surgery is a minor surgery. Even otherwise, the petitioner is being provided proper medical treatment at jail and at Dr. Baba Saheb Ambedkar Hospital. My attention is also drawn to the medical status report dated 01.07.2022 received from Medical Officer Incharge, Central Jail No. 10, Rohini forwarded by Superintendent Jail, Central Jail No. 10, Rohini, Delhi vide letter dated 02.07.2022.

4.0 Vide aforesaid report dated 01.07.2022, the Medical Officer Incharge Central Jail No. 10, Rohini, has reported that :-

" The inmate patient has visited CJ-10 Dispensary for complaint of cough, sore throat, lump over back, itching, cold and knee pain. He was examined on all his visits and advised medications accordingly.
The inmate patient is having swelling over his neck which was further investigated by Dr. BSA Hospital on his regular follow up and the swelling was diagnosed as Lipoma. The inmate patient was referred to Dr. BSA Hospital on 24.05.2022 and 02.06.2022. He was advised for Excision of this Lump (Lipoma) and advised for Pre Anaesthetic Checkup and the same has been done. The inmate patient is scheduled for review in Surgery Department of Dr. BSA Hospital on 05.07.2022 regarding further management of Lipoma (Excision).
Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:11.07.2022 10:48:59
The general condition of the inmate patient is stable and all the prescribed medications are provided from CJ-10 Dispensary."

4.1 From the above report, it is apparent that the petitioner is being provided check ups for Lipoma and was scheduled for review for surgery for today i.e. 05.07.2022. Surgery of the petitioner is yet to be scheduled. Further, general condition of the petitioner is also stated to be stable and he is being provided all prescribed medications. 5.0 In view of the above facts and circumstances, no ground for admitting the petitioner to interim bail, as sought, is made out at this stage. 6.0 Petition is accordingly dismissed.

POONAM A. BAMBA, J JULY 5, 2022/cha Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:11.07.2022 10:48:59