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2021 Supreme(Del) 2335

SUBRAMONIUM PRASAD
Himanshu Dabas – Appellant
Versus
State, Govt Of NCT Of Delhi & Anr – Respondent


Advocates appeared:
Ashim Vachher, Advocate, Sumeet Shokeen, Advocate, Kusum Dhalla, Advocate, Sunil K Mittal, Advocate

JUDGMENT

Subramonium Prasad, J. - This petition under Section 439(2) read with Section 482 CrPC has been filed by the petitioner/complainant challenging the bail on medical grounds granted to the respondent No.2 by order dated 05.01.2021 passed by learned Additional Sessions Judge, North West, Rohini Courts, Delhi in FIR No. 452/2017 dated 29.12.2017 registered at Police Station Kanjhawala under Sections 302, 207,201,120B and 34 IPC and Sections 25/27 Arms Act.

2. Even though the respondent No.2 has been asked to surrender as directed by order dated 05.01.2021 and in fact the revision has become infructuous, this Court is constrained to dwell further in the matter due to the sketchy medical reports given by the jail authorities at the time of granting bail.

3. It is found that that the medical reports which are filed by the Jail Superintendants are not clear and the medical terms which are used are not easily decipherable by Judges. The Reports do not bring out the correct picture and sketchy and incomplete reports are given by hospitals/doctors which are being used for grant of bail or extension of bail.

4. Material on record in the case discloses that the respondent No.2 approached t

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