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Rohan Chauhan & Ors vs State on 10 June, 2022

Author: Manoj Kumar Ohri

Bench: Manoj Kumar Ohri

              $~08.
              *          IN THE HIGH COURT OF DELHI AT NEW DELHI

              +          CRL.A. 103/2018

                         ROHAN CHAUHAN & ORS                    ..... Appellants
                                     Through: Ms. Dolly Sharma, Advocate

                                            versus

                         STATE                                             ..... Respondent
                                            Through:     Mr. Raghuvinder Varma, APP for State along
                                                         with SI Ranveer Singh, P.S. Vasant Vihar

                         CORAM:
                         HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
                         HON'BLE MS. JUSTICE POONAM A. BAMBA

                                            ORDER

              %                             10.06.2022

              CRL.M.(BAIL) 736/2022

1. By way of the present application filed under Section 389 Cr.P.C. read with Section 482 Cr.P.C., the applicant/appellant No.1 seeks suspension of sentence in FIR No.165/2011 registered under Sections 302/34 IPC read with Section 27 of the Arms Act at Police Station Vasant Vihar, Delhi, on the ground that he is suffering from multiple medical problems including kidney stones and the Doctor has advised him removal of gall bladder (cholecystectomy).

2. Learned counsel for appellant no.1 submits that since appellant No.1 is suffering from multiple problems, including kidney stones, he has been advised to be admitted on 11th June 2022 for performing of the surgery on 12th June 2022. She further submits that earlier the surgery was scheduled for 1st June 2022, however, the same could not be performed. In support of her submissions, she has referred to medical documents of appellant No.1 placed on record.

3. Learned APP for the State has handed over a copy of Status Report dated 9th June 2022 in Court, along with medical records of appellant No.1, which is taken on record. As per the Status Report, the medical documents of appellant No.1 have been verified to be correct. It is stated that appellant No.1 has complained of "weakness in his left lower limb and instability to stand without support. He was known case of Pott's spine D12-L4. He was advised occupational physiotherapy assessment, urology opinion, investigations, and was presented in the OPD with complaint of Urinary Tract Infection (UTI). He was also presented in the OPD on 7 th May, 2022, with known case of cholelithiasis."

4. Along with the Status Report, Verification Report from Indian Spinal Injuries Centre dated 7th June 2022 bearing signatures of Dr. Arun Anand and Dr. Chitra Kataria, has also been annexed. It has been stated in the Verification Report that the surgery on appellant No.1 has been planned for 12th June 2022 for which he has been advised to be admitted on 11th June 2022. It has further been mentioned that appellant No.1 has been advised for laparoscopic cholecystectomy, adhesiolysis and if required exploratory laparotomy surgery will be done, for which purpose he would be hospitalized for 2-3 days in the hospital, and after these types of surgeries patient would recover within 7-10 days after hospitalization.

5. Heard learned counsel for the parties and also perused the Status Report as well as the supporting documents handed over in Court today.

6. The Nominal Roll of appellant No.1 dated 8th June 2022 has been placed on record, as per which, he has already been incarcerated for a period of 08 years 08 months and 03 days along with remission of 11 months and 17 days as on 8th June 2022. It is noted that even in the past, the sentence of appellant No.1 had been suspended and he was released on interim bail by this Court twice.

7. Keeping in view the aforesaid facts and circumstances, it is directed that the sentence of appellant No.1 shall remain suspended for a period of three weeks from the date of his release, subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty MM/Registrar (Appellate) and the following further conditions:-

i. He shall remain available on mobile number, i.e. 8826290694, which shall be kept operational at all times during the period of his interim bail;

ii. He shall not leave the NCT of Delhi without prior permission;

and iii. He shall immediately surrender upon expiry of the aforesaid period of interim bail.

8. With the above directions, the application is disposed of.

9. Let a copy of this order be communicated electronically by the Registry to the concerned Jail Superintendent for information and necessary compliance forthwith.

10. Copy of this order be also uploaded on the internet.

MANOJ KUMAR OHRI, J (VACATION JUDGE) POONAM A. BAMBA, J (VACATION JUDGE) JUNE 10, 2022 msr Signature Not Verified Digitally Signed By:SANGEETA ANAND