Delhi High Court - Orders
Aftab Ahmed @ Munna vs State (Govt Of Nct) on 15 September, 2021
Author: Subramonium Prasad
Bench: Subramonium Prasad
$~13
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2301/2021
AFTAB AHMED @ MUNNA ..... Petitioner
Through: Mr. Pallav Mongia, , Mr. Ashutosh
Bharadwaj and Mr. Ashwani Jha,
Advocates.
versus
STATE (GOVT OF NCT) ..... Respondent
Through: Mr. Amit Chadha, APP for the State
with Insp. Lekhraj Singh and SI
Giriraj, P.S. Kamla Market.
CORAM:
HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD
ORDER
% 15.09.2021
1. This petition under Section 439 Cr.P.C is for grant of interim bail to the petitioner on medical grounds in FIR No.244/2020 dated 18.10.2020, registered at Police Station Kamla Market for offences under Sections 307/34 IPC.
2. Notice was issued on 07.07.2021 and a medical report indicating the medical condition of the petitioner and the treatment being provided to him in the jail was summoned from the concerned Jail Hospital.
3. A report dated 14.07.2021 has been filed. The Medical Report states that the petitioner was examined in the month of July, 2021 and treatment is being given to the petitioner. The relevant portion of the Medical Report dated 14.07.2021 reads as under:
"Thereafter on 05/07/2021 inmate patient was sent to gastroenterology department at GB pant hospital with BAIL APPLN. 2301/2021 Page 1 of 3 investigations reports, wherein the treating doctor mentioned chronic hepatitis-B to rule out CLD (Chronic liver disease) and thoroughly examined him with history jaundice three years back and advised some more investigations and also advised to review with reports and family screening for hepatitis-B. Thereafter on 07/07/2021 the inmate patient came to the jail dispensary for breathing difficulty, bleeding per rectum for which, he was advised to admit in Ml room of 0-04 dispensary and advised treatment accordingly.
Further the admitted inmate patient was seen by doctor on duty and jail visiting SR medicine wherein he provided complaint of shortness of breath and bleeding per rectum for which he was prescribed treatment accordingly.
In between on 12/07/2021 he was sent to radiology department at GB pant hospital for ultrasound of abdomen as advised by Gastroenterologist and same was done which was suggestive of grade-ll fatty liver with borderline liver and local caliectasis (caliectasis is kidney condition characterized by dilation of the calices, structure inside the kidney) in right kidney with ?passed stone. On same day he collected his reports related to Hepatitis-B like HBsAg (positive), total Anti- HBc (positive) from gastroenterology department of GB pant hospital.
At present inmate patient is admitted in Ml room of a-
04 dispensary ward and suffering from on and off complaint of bleeding from anal region, on and of breathing difficulty with follow-up case of diabetes mellitus type II, hypertension. Bronchial Asthma, Hepatitis-B, for which he is being provided treatment accordingly but patient is still having on and of complaints related to above mentioned diagnosis.
BAIL APPLN. 2301/2021 Page 2 of 3Further patient will be planned to review in Gastroenterology department at GB pant hospital with reports of above investigations and ultrasound of abdomen."
4. The Medical Report indicates that the petitioner is getting regular treatment in the jail. This Court is not inclined to grant interim bail to the petitioner at this stage.
5. If the condition of the petitioner worsens it is always open to the petitioner to approach the competent Court by filing an application for grant of interim bail on health grounds.
6. With these observations the petition is dismissed along with the pending application(s), if any.
SUBRAMONIUM PRASAD, J SEPTEMBER 15, 2021 Rahul BAIL APPLN. 2301/2021 Page 3 of 3