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Deepak vs State Nct Of Delhi & Anr on 1 May, 2023

Author: Anup Jairam Bhambhani

Bench: Anup Jairam Bhambhani

                          $~65
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +      BAIL APPLN. 905/2023

                                 DEEPAK                                              ..... Petitioner
                                                    Through:     Mr. Biswajit Swain, Advocate via
                                                                 video-conferencing.
                                                    versus

                                 STATE NCT OF DELHI & ANR.                             ..... Respondents
                                                    Through:     Mr. Shoaib Haider, APP for the State.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

                          %                         01.05.2023
                          CRL.M.(BAIL) 543/2023

By way of the present application under section 439 of the Code of Criminal Procedure 1973 ('Cr.P.C.'), the petitioner seeks interim bail on medical grounds.

2. Notice on the petition was issued on 20.03.2023; pursuant to which status report dated 27.04.2023 has been filed. Enclosed with the status report is a certificate dated 25.04.2023 given by the Professor (SAG) and Head Oral Maxillofacial Surgery Department, Maulana Azad Institute of Dental Sciences ('MAIDS'), New Delhi.

3. The certificate says that the petitioner was called for observation and follow-up; and that he does not require admission to hospital at present.

4. Mr. Biswajit Swain, learned counsel appearing for the petitioner via video-conferencing submits, that the petitioner is not receiving proper treatment either in the jail hospital or at MAIDS. Counsel submits that the petitioner is being treated only with antibiotics for almost 08 years, for a lump in the right parotid region.

5. Issue notice.

6. Mr. Shoaib Haider, learned APP appearing for the State accepts notice; and submits that the petitioner is receiving appropriate treatment in jail, as advised by the jail doctors.

7. Considering the nature of the prayer made and the urgency involved, and the order that the court proposes to pass, it is not considered necessary to issue intimation under section 439 (1-A)Cr.P.C. to the prosecutrix.

8. Though the State submits that the petitioner is receiving appropriate treatment and the doctor's certificate from MAIDS says that the petitioner does not require hospitalisation, in view of Mr. Swain's insistence, it is directed that the petitioner be taken in custody for consultation to any medical facility, government or private, as he may choose on such date/s as may be required, to obtain requisite treatment. The cost of treatment at any private medical facility shall be borne by the petitioner.

9. The petitioner is directed to furnish to the Jail Superintendent the name of the medical facility of his choice within 01 week. The petitioner shall be taken for consultation in custody to such medical facility within 01 week thereafter.

10. A medical report with regard to the treatment taken by the petitioner be filed through the Jail Superintendent, before the next date.

11. The application is disposed-of.

12. Re-notify on 25th July 2023, the date already fixed.

ANUP JAIRAM BHAMBHANI, J MAY 1, 2023/uj Signature Not Verified Digitally Signed By:NEERAJ Signing Date:03.05.2023 BAIL APPLN. 905/2023 Page 3 of 3 14:59:29