The Single Bench of the Delhi High Court in the case of Pradeep Ramdanee vs State consisting of Justice Dinesh Kumar Sharma held that even though every prisoner needs adequate and effective medical treatment, for every treatment it may not be necessary to admit such person on interim bail.
Brief Facts:
This bail application was moved on behalf of the petitioner u/s 439 Cr. P.C. for the grant of interim bail for a period of 90 days on the ground that he had to undergo Cataract surgery.
Contentions Made:
Petitioner: Petitioner allegedly needed emergency medical attention and follow-ups to save his eyesight. For the benefit of the petitioner's health, it was further argued that he should be granted 90-day interim bail since the jail authorities were not paying any attention to the medical issues. On 24.12.2022, the surgery was not fixed and only some medicines would be administered.
Respondent: The Additional Sessions Judge denied a similar request on 21.11.2022. The direction was issued to take the petitioner to the Sharp Sight Centre on 24.12.2022. According to the latest report dated 21.12.2022 from the Superintendent Jail, the petitioner was taken to the centre on 24.11.2022, 09.11.2022, and 17.12.2022 for the care of his illness. On the last day, Sharp Eye Centre set the surgery date for 24.12.2022 at 10.30 a.m. According to guidelines, jail personnel must obey the Additional Sessions Judge's ruling and provide the petitioner with medical treatment and follow-up.
Observations of the Court:
The Bench held that every prisoner needs adequate and effective medical treatment. However, it may not be necessary for every treatment to admit such a person on interim bail.
It perused the report of Superintendent Jail dated 21.12.22 and the follow-up done by the Superintendent Jail as revealed from the report. It concurred with the view that the Jail authorities were providing effective and adequate treatment to the petitioner.
The decision of the Court:
The Jail authorities were directed to comply with the orders dated 21.11.2022 of the learned Additional Sessions Judge in letter and spirit. The petitioner was to be taken to Sharp Sight Centre (private hospital) for right eye cataract surgery in custody in terms of order dated 21.11.2022 of learned ASJ and even further if so advised by the treating doctor.
Case Title: Pradeep Ramdanee vs State
Coram: Justice Dinesh Kumar Sharma
Case No: BAIL APPLN. 3818/2022
Advocates for Petitioner: Advs. Mr. Anant Malik, Ms. Vediccaa Ramoanee, Ms. Kanika Kapoor
Advocate for the Respondent: ASC (Crl.) Ms. Nandita Rao
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