Delhi High Court - Orders
Shiv Charan Chauhan vs The State Of Nct Delhi on 2 March, 2021
Author: Anu Malhotra
Bench: Anu Malhotra
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3078/2020 Crl.M.B. No. 224/2021 & Crl.M.A. No.
3396/2021
SHIV CHARAN CHAUHAN ..... Petitioner
Through: Mr.Durga Dutt, Mr.Upendra Narayan
Mishra and Mr.Kousik Ghosh,
Advocates
versus
THE STATE OF NCT DELHI ..... Respondent
Through: Mr.Kamal Kumar Ghei, APP for State
with Inspector Anil Sharma and SI
Deepak Sharma, PS Rajouri Garden.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
ORDER
% 02.03.2021 Bail Appln. No. 3078/2020 The Bail Appln. No.3078/2020 which is an application filed by the applicant seeking the grant of regular bail in relation to FIR No. 511/2019, PS Rajouri Garden under Sections 302/323/34 of the Indian Penal Code, 1860, qua which submissions are made on behalf of the applicant that he has been falsely implicated in the instant case, without any observations on the merits or demerits of the trial that may take place in relation to which it has been submitted on behalf of the State that the charges are yet to be framed the matter having been fixed for 8.4.2021, taking into account the post mortem report which indicates the cause of death of the deceased in the instant case due to polytrauma consequent upon blunt force impacts to the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 16:14:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.
multiple vital organs with the allegations levelled against the applicant of having assaulted the injured since deceased with a cylinder on his chest as a consequence of which the injured had fallen down whereafter he had also been beaten with punches and has subsequently expired as per the post mortem report due to injuries to the heart and liver sufficient to cause death in the ordinary course of nature individually as well as collectively, despite the contention raised on behalf of the petitioner that the stated gas cylinder allegedly utilized in the commission of the alleged offence was not recovered which is refuted on behalf of the State, , there is no ground for grant of bail to the applicant.
The Bail Appln. No. 3978/2020 is thus declined. Crl.M.B. No. 224/2021and Crl.M.A. No. 3396/2021 Crl.M.B. No. 224/2021 is an application that has been filed on behalf of the applicant seeking interim bail, in view of the averments that have been made in Crl.M.A. No. 3396/2021 in relation to the stated aliments of the applicant being suffering from diabetes and High Blood Pressure and requiring proper medical assistance in relation to which submissions vide order dated 25.2.2021, in the interest of justice, in as much as a submission had been made on behalf of the applicant that the applicant was seriously unwell, a report was called for from the Superintendent Jail, Delhi, where the applicant is presently lodged giving his present medical condition of the applicant, qua which the status report has been received from the Superintendent, Central Jail No.1, Tihar, New Delhi dated 2.3.2021 as prepared by the Medical Officer Incharge, Jail Dispensary, Central Jail No.1, Tihar, New Delhi which reads to the effect:
Patient/inmate is a follow-up case of Diabetes Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 16:14:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.
Mellitus Type-2, Haemorrhoids and under review and treatment by jail duty doctors and jail visiting specialists and under psychiatric treatment and under review by jail visiting psychiatric treatment and under review by jail visiting psychiatrist. Patient /inmate came in CJ-01 on 06/01/2019. He was reviewed in Ch-01 dispensary on 07/10/2019 with history of treatment for DM2 since last 3 years and complaints of protruding mass from anal region and advised appropriate medications and for surgery and medicine review. Therefter, he was reviewed on 01/11/2019, 19/11/2019, 06/12/2019, 13/12/2019, 10/01/2020, 28/01/2020 for his complaints of swelling and pain of left tstis by jail duty doctors and surgery SR and advised appropriate medications, scrotal support, to continue medications for DM2 and for medicine review and his treatment was in continuation. Thereafter, he was under review and treatment by jail duty doctors and jail visiting specialists for his complaints of fever, cough, generalized bodyache, burning micturition and advised appropriate treatment. On 06/03/2020, he was reviewed by surgery SR for his complaints of protruding mass from anus and left small hydrocele and advised medications, sitz bath, to continue scrotal support and for further review. On 29/06/2020, he was reviewed by medicine SR for his complaints of burning micturition with increased frequency and advised appropriate medications, investigations, sugar charting and for further review and thereafter, his treatment was in continuation as advised. On 04/09/2020, 17/09/2020, 22/10/2020, 26/11/2020, 03/12/2020, 04/01/2021 he was reviewed by jail visiting psychiatrist for his complaints of decrease sleep, low mood and advised appropriate medications and for further review and his psychiatric Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 16:14:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.
treatment is in continuation as advised. On 20/10/2020, 23/11/2020 he was reviewed by medicine SR and advised sugar charting and to continue medications for DM2 and thereafter, his treatment is contunation as advised. On 0- 4/01/2021 and 15/02/2021 he was reviewed by jail visiting psychiatrist and advised to continue same treatment and for further review. On 11/01/2021, 14/01/2021, 01/02/2021, he was reviewed for his complaints of cough/cold/generalized weakness and advised appropriate treatment to continue treatment for DM2 . On 03/01/2021, he was reviewed by jail visiting dentist for his complaints of decayed tooth and multiple missing teeth and advised medications, soft diet and for further review. On 25/02/2021, 28/02/2021, 01/03/2021, patient/inmate reviewed for his complaints of Haemorrhoids, generalized body ache, DM2 and advised to continue treatment as advised by surgery and medicine SR and for surgery and medicine review.
Patient/Inmate is scheduled for review by jail visiting medicine and surgery SR on routine OPD days and At present, random blood sugar level of Patient/Inmate are variable in the range of 180mg% to 200 mg% and his treatment for DM2 and haemorrhoids is in continuation and the general condition of Patient/Inmate is stable on medications/treatment."
which report brings forth that the applicant's condition is stated to be stable on medications/treatment with his random blood sugar level being at a variable range of 180 mg% to 200 mg% with his treatment for Diabetes Mallitus -2 and haemorrhoids which appears to be in continuation since 7.10.2019 in as much as the applicant was incarcerated on the date 6.1.2019 with the status report indicating also that the there is a protruding mass Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 16:14:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.
from the anal region of the applicant, he is suffering from hydrocele apart from psychiatric treatment being also provided to him.
In the circumstances, it is apparent that the applicant's condition since the time of his incarceration has required continuous medications which is also currently being given by the jail authorities. In the circumstances, the prayer made in Crl.M.B. No. 224/2021 and Crl.M.A. No. 3396/2021 are thus disposed of accordingly with directions that in view of his medical condition, the applicant is allowed to be released on interim bail for a period of 90 days from the date of his release on his furnishing a personal bond in the sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Trial Court with directions that he shall make no contact with the prosecution witnesses neither himself nor through any of his associates, he shall not intimidate them in any manner, shall not leave the city of Delhi and shall keep his mobile phone on at all times and drop a pin on the Google map to ensure that his location is available to the Investigating Officer and shall appear before the learned Trail Court as and when directed and shall surrender on the 90th day of his release to the concerned Superintendent Jail, Delhi.
ANU MALHOTRA, J MARCH 2, 2021/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:03.03.2021 16:14:15 This file is digitally signed by PS to HMJ ANU MALHOTRA.