Delhi High Court
Ajay Sharma @ Lucky vs The State Govt. Of N.C.T. on 18 July, 2018
$~12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 18.07.2018
+ BAIL APPLN.1261/2018
AJAY SHARMA @ LUCKY ..... Petitioner
versus
THE STATE GOVT. OF N.C.T. ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Ms.Archana Sharma & Mr.Divakar Upadhyay,
Advs.
For the Respondent: Mr.Panna Lal Sharma, APP for State
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
18.07.2018
SANJEEV SACHDEVA, J. (ORAL)
1. The petitioner seeks interim bail in FIR No. 506 of 2015 under
Sections 364A/120B/506/34 of the IPC at Police Station Nabi Karim,
Delhi.
2. Petitioner has been in custody since 24.06.2016. Interim bail is
sought on the ground that the petitioner is suffering from Lumbar
Spondylosis and is under regular treatment from the jail doctors.
3. It is contended by learned counsel for the petitioner that the
consulting doctor has advised physiotherapy on regular basis and the
said treatment is not available in the jail.
4. Status report was filed by the Superintendent jail dated
30.06.2018 wherein it was confirmed that the petitioner is a case of
Lumbar Spondylosis and under regular treatment of jail doctors and
the treating specialist has advised spine extension exercises.
5. Learned counsel for the petitioner submits that the petitioner
was advised physiotherapy as far back as in January, 2018 and till
date no physiotherapy treatment or spine extension exercises have
been given to the petitioner on account of which his health has further
deteriorated.
6. By order dated 30.05.2018 & 06.07.2018 the Jail
Superintendent was directed to report as to whether physiotherapy
facilities were available in jail and also the frequency of
physiotherapy treatment required by the petitioner and as to whether
the said treatment could be provided in jail or DDU Hospital.
7. Status report dated 14.07.2018 has been filed wherein it is
stated that no physiotherapy facility is available at the jail dispensary.
It is being opined that the frequency of such physiotherapy treatment
would be decided after thorough examination by the physiotherapist
scheduled in DDU hospital and that such facility can be provided at
DDU hospital.
8. Learned counsel for the petitioner also submits that that the
petitioner was also released on interim bail by order dated 01.11.2017
by the Trial Court. The petitioner duly surrendered after the expiry of
the said period.
9. The medical report of the jail Superintendent shows that no
physiotherapy treatment has been provided to the petitioner since
January, 2018 as was advised by the consulting jail doctors. Further
there is no physiotherapy facility available in jail.
10. Keeping in view the totality of facts and circumstances of the
case, the petitioner is granted interim bail for a period of one month
from the date of his release subject to petitioner furnishing a bail bond
in the sum of Rs.35,000/- with two sureties of the like amount.
Petitioner would not do anything that may prejudice either the trial or
the prosecution witnesses. Petitioner shall not leave the country
without permission of the Trial Court. Further the petitioner shall duly
surrender before the concerned jail authorities on expiry of the said
period of one month.
11. Petition is disposed of in the above terms.
12. Since the jail Superintendent has reported that there are no
physiotherapy facilities available in the jail dispensary, issue notice to
the Director General (Prisons) as well as the Secretary, Home,
Government of NCT of Delhi to submit a report as to what medical
facilities are available in the jail and as to why physiotherapy facilities
has not been made available in the jail dispensary for treatment of
inmates. Let the report be filed within four weeks. They shall also
depute an officer to be present in court on the next date.
13. List for directions on 30.08.2018 at 2.15 pm.
14. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 18, 2018/rk
