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IN THE HIGH COURT OF DELHI
Dinesh Kumar Sharma, J.
Babuji Sahu @ Fauji - Appellant
Versus
State (Govt. of NCT Delhi) - Respondent
Bail Appln. 3460 of 2022
Decided On : 06-12-2022
| Table of Content |
|---|
| 1. petitioner's medical condition warrants interim bail. (Para 1 , 2 , 4 , 5 , 6) |
| 2. opposition to bail based on past behavior. (Para 3) |
| 3. conditions for granting interim bail. (Para 7) |
| 4. final order regarding the application. (Para 8 , 9) |
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Present bail application has been filed seeking interim bail on medical ground.
2. Learned counsel for the petitioner submits that the petitioner/accused is suffering from advance stage of piles due to which regular bleeding is taking place and the petitioner is suffering from intolerable pain. Learned counsel for the petitioner has also submitted that even in the report filed by the jail authorities, it is clear that the complainant is persisted with the medical issues. It has also been submitted that the earlier also the petitioner was granted interim bail by the learned Sessions Court and the same was not misused by the petitioner.
3. Learned Addl. P.P. for the State has opposed the present interim bail application. It has been submitted that earlier when the petitioner/accused was granted interim bail, he did not appear on the given date and thus NBW was said to be issued against the petitioner. Learned Addl. P.P. further submits that if the accused is admitted to interim bail, he may flee away.
4. This Court has called medical status report from the jail. The Medical Officer In-charge, Central Jail Dispensary, Central Jail No.3, Tihar has submitted the medical report dated 03.12.2022, which is reproduced herein below:
"MO I.C./CJ-03/2022/5166
Dated: 03.12.2022
Sub: Medical Status report of inmate/patient Babuji Sahu S/o Gopinath sahu.
With reference to the Registrar of the Hon'ble High Court of Delhi, New Delhi, seeking medical report of aforesaid inmate/patient to be submitted as per given date.
In reference to the above cited subject, the above said inmate is currently lodged in Central Jail no.03, Tihar since 21.05.2022.
As per available records, the inmate/patient is follow-up case of Hemorrhoids and is under regular treatment and follow-up from visiting Senior Resident Surgery from DDU Hospital.
The Patient came to Central Jail No.03 Dispensary several times for bleeding per rectum and painful defecation for which patient was given appropriate treatment and blood investigation was done. Patient was seen by Jail visiting Senior Resident Surgery of DDU Hospital and was advice appropriate treatment and proctoscopy test, for which patient was sent to DDU Hospital/Surgery OPD on 14.06.2022, 26.07.2022 and 08.09.2022. Patient was seen by Senior Resident Surgeiy at DDU Hospital and patient was examined.
On examination, his anal tone was found increased and internal Hemorrhoids at 3 O'clock & 11 O'clock position and external Hemorrhoids at 3 O'clock and 7 O'clock position was found. Patient was advised stool softener, antacid tablet, local application of cream, sitz bath and high fiber diet.
The patient was again reviewed in DDU Hospital/Surgery department on 29.09.2022 as a followup case of fissure & Hemorrhoids with complaints of pain, constipation and bleeding per rectum since 4-5 months. He was advised stool softener, antacid tablet, local application of cream, sitz bath and sclerotherapy.
The patient was last reviewed by jail visiting Senior Resident surgery from DDU Hospital in Jail dispensary on 11.10.2022 and he was advised treatment accordinglt and investigation.
The patient was referred to DDU Hospital/surgery department on 10.11.2022, wherein he was advised treatment with Sclerotherapy. Accordingly, he is planned for DDU Hospital/Surgery department on 08.12.2022.
The inmate was last reviewed by jail visiting Senior Resident Surgery from DDU Hospital on 29.11.2022 with complaints of bleeding per rectum with constipation and he was advised treatment accordingly and advised to review in DDU Hospital for further management.
At present, the patient has complaints of persisting bleeding per rectum with painful defecation and
The court established that serious medical conditions can warrant interim bail, emphasizing the necessity for adequate medical attention for incarcerated individuals.
The court may grant interim bail based on medical conditions and impose specific conditions to address any threat perception.
The court's decision was based on the assessment of the petitioner's medical care in jail and the absence of urgency for his release on medical grounds.
The court has the discretion to extend interim bail on medical grounds, considering the necessity of the petitioner's presence before the learned Trial Court and the ongoing medical treatment.
The court denied interim bail due to lack of serious health issues as per medical reports, while ensuring the petitioner receives adequate medical treatment in custody.
The court upheld that adequate medical treatment in custody is sufficient grounds to deny interim bail under Section 439 Cr.P.C.
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