Delhi High Court
Nitin Chawla vs State Nct Of Delhi on 27 July, 2017
$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1216/2017, Crl. M.A. No. 11415/2017
NITIN CHAWLA .....Petitioner
Through: Mr. Jitendra Sethi, and Ms. Anshika
Sethi, Advocates.
Versus
STATE NCT OF DELHI ....Respondent
Through: Ms. Anita Abraham, APP for the State with
Insp. Sushma Saxena P.S. Defence Colony.
Mr. Nitender Sharma Advocate for
complainant.
CORAM:
HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL
ORDER
% 27.07.2017
1. This is an application under Section 439 Cr.PC for grant of interim
bail to the petitioner in case FIR No. 115/2016 under Section
498A/304B/34 IPC registered at Police Station - Defence Colony, filed in
the month of June, 2017 on the ground of serious illness having been
diagnosed, to be suffering from acute backache with PIVC i.e. Prolapsed
Inter Vertebral Disc and also diagnosed with renal stone which is causing
acute abdominal pain. The petitioner was also found to be suffering from
acute depression and neurosis for which he is being treated inside the jail
but his condition is not satisfactory.
2. While the said application was pending consideration, the
petitioner moved another application on the ground that a fresh medical
reports be called from the Superintendent Jail as the condition of the
petitioner had deteriorated and he was discharging blood with urine and
required immediate surgery for the treatment of renal calculus.
3. A detailed status report by the Medical Officer IC, Central Jail
Dispensary, Tihar New Delhi has been filed on 23.07.2017, wherein it
has been stated that the petitioner has been diagnosed with Lumbar
Spondylosis with Radiculopathy, left Renal Calculus with recurrent
urinary tract infection Haemorrhoids and Insomnia and was getting
treatment under follow-up with Department of Neurosurgery, Neurology
and Psychiatry of G.B. Pant Hospital and the treating doctor had advised
surgical intervention for Lumbar Spondylosis with Radiculopathy, left
Renal Calculus.
4. The patient was referred to Deen Dayal Upadhyay Hospital on
22.09.2016 and again on 24.10.2016 and was taken for review to G. B.
Pant Hospital on 25.01.2017. The MRI Lumbosacral Spine was done at
Lok Nayak Hospital on 14.02.2017. The petitioner was again taken to
G.B. Pant Hospital for review on 22.02.2017, 03.03.2017. On 10.03.2017
at the Neuro-surgery, Psychiatry OPD, the attending Neuro-Surgeon
advised medications, physiotherapy etc.. The petitioner was again
reviewed on07.04.2017 in the Psychiatry OPD at G. B. Pant Hospital
and advised medications. Another review was done on 09.06.2017 and
the Neuro-Surgeon advised pre-operative investigations before Surgery
for Lumbar Spondylosis with Radiculopathy and continued the same
treatment and was reviewed in Psychiatry OPD at G. B. Pant Hospital on
30.06.2017. The petitioner was lastly reviewed on 17.07.2017 as he
complained of pain abdomen in left flank region, blood in urine and
burning micturation.
5. Undoubtedly, the petitioner has a medical problem but he is being
taken to the G. B. Pant Hospital at short intervals for review of his
medical condition. The attending surgeon had advised pre-operative
investigations before surgery for Lumbar Spondylosis with
Radiculopathy on 09.06.2017.
6. Keeping in view the facts and medical condition of the petitioner,
the Superintendent Jail shall ensure that the patient is taken to G. B. Pant
Hospital on 28.07.2017 so that the attending doctors can finalize the date
of admission and surgery of the patient in the G. B. Pant Hospital.
7. With these directions, the petition along with pending application
is disposed of. No case for interim bail is made out.
8. A copy of this order be given dasti under the signatures of Court
Master.
9. A copy of this order be also sent to the Superintendent Jail for
compliance through special messenger.
SANGITA DHINGRA SEHGAL, J.
JULY 27, 2017
gr
