Delhi High Court
Smt Mithlesh vs State Nct Of Delhi on 24 September, 2015
Author: Suresh Kait
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 24th September, 2015
+ BAIL APPLN. 1786/2015
SMT MITHLESH ..... Petitioner
Represented by: Mr.Amit Sisodia, Adv
versus
STATE NCT OF DELHI ..... Respondent
Represented by: Mr.Mukesh Kumar, APP for
the State.
CORAM:
HON'BLE MR. JUSTICE SURESH KAIT
SURESH KAIT, J. (Oral)
1. Pursuant to order dated 28.07.2015 passed in Bail Application
No.53/2015, instant petition has been preferred by petitioner for bail on
medical grounds.
2. By way of this petition filed petitioner seeks direction thereby
releasing her on bail on medical grounds in case FIR No.356/2013
registered at police station Ambedkar Nagar for the offences punishable
under Sections 302/365/201/120B/34 of the IPC.
3. Vide order dated 03.09.2015, jail authorities were directed to send
the medical report of petitioner. Accordingly, the medical report dated
22.09.2015 signed by Medical Officer, CJ-6 Dispensary, Tihar Jail, New
Delhi has been received to the following effect:-
Subject: Regarding health status of Smt. Mithlesh w/o
Jaipal.
Hon'ble Sir,
The above said inmate is lodged in CJ-06 at present.
Patient is diagnosed case of Cholelithiasis and anemia.
Patient has been on regular follow up with jail doctors
and also following up in DDU Hospital in surgery
department where she has been advised elective surgery
for Cholelithiasis.
Patient has undergone thorough pre-operative work
up including blood tests, X-ray, ECG etc. followed by
pre-anesthetic check up. She was seen by anesthetist who
have advised that patient cannot be cleared for surgery
from their side due to anemia and patient has to build up
hemoglobin to > 10gm%.
Patient is being provided therapeutics dosages of
haematinic medicines regularly for last few months. Her
HB test has been done at periodic intervals which
showed to be in range of 8 to 9 gm% despite treatment. It
could be due to either poor tolerance to oral haematinics
or poor compliance of medical advise by the patient. So,
patient was reviewed by medicine SR jail with fresh HB
and peripheral smear for type of anemia report.
Medicine SR ordered injectable iron preparations to be
administered to the patient to build up the HB. But
surprisingly patient has refused to get injectable iron
and given written refusal for the same despite explaining
to her that it is required to build her HB to a level
>10gm% without which she cannot be cleared for
surgery by anesthetic still patient was quiet adamant so
she has been told to continue the oral medicines and
complies strictly with the advise dosage. Her repeat HB
is plan to be done after few weeks and again re-assist
weather she can be sent for PAC clearance for surgery.
Meanwhile the patient does not have any such
symptoms or clinical examination findings which may
indicate any need of the surgery to be done in an
urgently or in emergency. It is an elective plan surgery
which will be done after fitness for surgery given by
anesthetist though if any urgency or complication
develops in future patient will be immediately sent to
DDU Hospital for further management."
4. On perusal of report, the petitioner is diagnosed case of
cholelithiasis and anemia. After pre-operative work she cannot be
cleared for surgery due to anemia as her HB, range increased upto 8-9
gm% despite treatment.
5. As stated, she is suffering from multiple stones in gall bladder and
out of them some of stones are more than 13 cm in size and due to which
she is having sever pain and infection in her abdomen.
6. It is pertinent to mention here that earlier she was granted interim
bail for a period 20 days and was released on 11.05.2014. Therefore,
extended upto 19.08.2014 and never violated the protection granted.
7. Moreover, 20 witnesses out of 35 have already been examined. Co-
accused Sagar is already on bail, her role was similar to said co-accused.
8. Keeping in view the medical conditions of petitioner, on
humanitarian grounds I allow instant petition.
9. Consequently, the petitioner shall be released from jail on her
furnishing a personal bond in the sum of Rs.25,000/- with one surety in
the like amount to the satisfaction of learned Trial Court. It is also
directed that in case of any change in the address of petitioner or her
surety the same shall be communicated by them to learned Trial Court and
SHO concerned as well.
10. In above terms, instant petition is allowed and disposed of.
11. Order dasti.
SURESH KAIT
(JUDGE)
SEPTEMBER 24, 2015
M
