Delhi High Court
Kashish Jain vs The State on 3 November, 2020
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment reserved on: 16.09.2020
Judgment pronounced on: 03.11.2020
+ BAIL APPLN.-1225/2020
KASHISH JAIN ....Petitioner
Through: Mr. Ajay P.Tushir, Advocate.
Versus
THE STATE ..... Respondent
Through: Mr. G.M.Farooqui,
Learned APP for the State.
SI Pradeep, PS Model Town.
Mr. Sumit Choudhary,
Learned counsel for the
complainant.
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J.
1. The hearing has been conducted through video conference.
2. This application has been filed by the petitioner under Section
439 Cr.P.C. read with Section 482 Cr.P.C. seeking interim bail for
one month in FIR bearing no. 341/2018, under section
420/467/468/471/34/120 IPC, registered at P.S. Model Town, New
Delhi on the ground of his illness and Covid-19 pandemic.
3. Learned counsel for the petitioner has submitted that
petitioner is a young boy of 26 years and is in custody since 24 th
November, 2018. He is innocent and has been falsely implicated in
Signature Not Verified
By:PRADEEP SHARMA
Signing Date:04.11.2020
16:50:57
the present case. Petitioner is suffering from albinism and
nystagmus for the last several months and due to lack of regular
treatment, a squint has developed in his eyes. It is submitted that
because of neurological disorder, body of the petitioner keeps
trembling specially his head and hands and in the absence of proper
treatment in jail, particularly in this Covid-19 pandemic, any stress
or depression may be harmful to the petitioner. It is further
submitted that patient of psychiatric ailments who suffers with panic
disorder, obsessive-compulsive disorder, movement disorders etc.
has a mysterious enigma that challenges individuals on many
levels.
4. It is next submitted that vide prescription dated 25th August,
2020, the doctor has incorporated a medicine namely 'Propranolol
20 mg' which is specific for the treatment for the above stated
disorders. Thus, it is amply clear that petitioner is going through
acute Psychiatric ailment. It is further submitted that predecessor of
this Court after taking into account prescription dated 27th February,
2020 issued from Dr. BSA Hospital, Rohini had issued specific
directions to Medical officer-in-charge, Central Jail to carry out a
psychiatric examination of the applicant wherein it was specifically
mentioned that "medicines to be given under strict supervision by
jail authorities and no active suicidal means to be kept near patient,
strict supervision 24X7" but in response, jail authorities failed to
submit appropriate report as directed by this Court and instead of
that a simple verification report dated 28th July, 2020 has been
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Signing Date:04.11.2020
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submitted. In view of the above ailment of the petitioner, the
learned counsel has prayed for grant of interim bail for one month.
5. Reply and rejoinder to the interim bail application have been
filed by the parties. During the course of arguments, it was made
clear by learned counsel for the petitioner that he was confining his
arguments on interim bail on medical grounds only and does not
press any relief on merits or recommendations of High Powered
Committee. It is further submitted that a regular bail application
bearing no. 1788/2020 has been filed separately and merits of the
case have been argued in the same by learned senior counsel.
6. Learned Additional Public Prosecutor for the state and
learned counsel for the complainant have opposed the interim bail
application on the ground that offence committed by the petitioner is
serious in nature. With regard to medical ailments of the petitioner,
it is submitted that petitioner is not suffering from any serious
illness and his condition is normal. It is submitted that the petitioner
had preferred a bail application no. 617/2020 before the Sessions
court wherein Dr. Preeti Sharma, Senior Resident Psychiatric,
Central Jail in her report dated 16th March, 2020 has observed that
"in addition there is significant evidence of manipulation in
presentation of his psychological symptoms". Further as per status
report dated 22nd June, 2020 submitted before this court, it was
stated that petitioner has deliberately discontinued his medical
treatment without any medical advice. It is further submitted that
aforesaid conduct of the petitioner reveals manipulation in
presentation of his psychological illness. It is lastly argued that as
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By:PRADEEP SHARMA
Signing Date:04.11.2020
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per the latest medical report dated 9th September, 2020, currently all
the prescribed treatments are being provided to the inmate. There is
no deterioration/worsening of symptoms of the above mentioned
inmate. His general condition is stable and satisfactory. It is,
therefore, submitted that his interim bail application be dismissed.
7. This court has considered the rival submissions. Petitioner is
seeking interim bail for one month mainly on the ground of his
ailments as he is stated to be suffering from albinism, nystagmus,
stress and depression.
8. The offence committed by the petitioner is serious in nature.
He is alleged to be the beneficiary of Rs. 2.20 Crore. However, this
court is not going into the merits of the case as the same has been
discussed in regular bail application and is confining its order for
interim bail on medical grounds.
9. Perusal of medical status report dated 9th September, 2020,
reveals that petitioner is having bilateral horizontal nystagmus in
both eyes since birth. He had visited Dr BSA Hospital on date 6th
February, 2020 where his fundus examination was done and Doctor
had advised him to wear glasses. He was also reviewed by
Ophthalmologist on date 17th February, 2020 and advised to wear
glasses during his routine activity. No worsening of nystagmus in
bilateral eye was noted. He is under regular follow-up from
Ophthalmologist (jail visiting doctor, Dr.BSA Hospital and from
DDU hospital) for his Nystagmus. With regard to albinism (absence
of skin pigmentation), it is opined that no intervention/treatment is
advised/required at present. As far as psychiatric ailment of the
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By:PRADEEP SHARMA
Signing Date:04.11.2020
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petitioner is concerned, it is reported that he was reviewed by Jail
visiting psychiatric specialist on 16th January, 2020 for the
complaint of sleeplessness and medication was given for the said
purpose. His condition was also reviewed by psychiatric specialist
on 18th July, 2020 where he was diagnosed as a case of emotionally
unstable personality disorder (EUPD). During examination, he was
prescribed medication and counseling was done. The inmate's last
visit to Psychiatrist was on 22nd August, 2020 where he was
examined by Psychiatrist and advised medication and counseling
was also done. It is also clearly mentioned in the medical status
report of the petitioner that "currently, all the prescribed
treatments are being provided to the inmate. There is no
deterioration/worsening of symptoms of the above mentioned
inmate. His general condition is stable and satisfactory."
10. Learned counsel for the complainant has submitted that
doctor Preeti Sharma in her report i.e. 'Behavioural Report of
Inmate Kashish Jain S/o Naresh Jain' has made the following
observations on 16th March, 2020.
After preliminary evaluation, he has been found to be
having no psychiatric illness but possibility of
emotionally unstable personality which tends to manifest
with transient mood swings.
In addition there is significant evidence of
manipulation in presentation of his psychological
symptoms.
16.03.2020 SD
Dr. Preeti Sharma
Senior Resident Psychiatry
Central Jail Hospital, Tihar,
New Delhi-110064.
Signature Not Verified
By:PRADEEP SHARMA
Signing Date:04.11.2020
16:50:57
11. Learned counsel has, thus, argued that doctor has
categorically observed that there is an endeavour on the part of
petitioner to manipulate his psychiatric symptoms. Moreover, as per
latest medical report, his condition is stable and petitioner is,
therefore, not entitled to interim bail on medical ground.
12. This court has considered the medical report of the petitioner.
Perusal of medical report reveals that petitioner is having some
psychiatric problem and is complaining of sleeplessness. As per
latest report dated 9th September, 2020 of Medical Officer in-charge
of Central Jail, the petitioner is being given treatment as well as
counseling. The relevant portion of his report runs as under:-
"The inmate also visited psychiatric OPD on date
08.12.2018 for the complaint of decrease sleep, for which
medication was given. The inmate also discontinued the
psychiatric treatment in between by his own without any
consultation from the doctor. He was reviewed by Jail
visiting psychiatric specialist on 16.01.2020 for the
complaint of decrease in sleep, medication was given. The
inmate was also reviewed by psychiatric specialist on date
18.07.2020 where he was diagnosed as a case of
emotionally unstable personality disorder (EUPD), During
examination, he was prescribed medication and counselling
was done. The inmate's last visit to Psychiatrist was on date
22.08.2020 where he was examined by Psychiatrist and
advised medication and counselling was done."
Medical Officer In-charge
Central Jail Hospital &
Dispensary, Central Jail
No.3 Tihar New Delhi
110064.
Signature Not Verified
By:PRADEEP SHARMA
Signing Date:04.11.2020
16:50:57
13. Perusal of the above medical report reveals that petitioner is
getting all the required medical treatment and is being attended by a
psychiatrist. The last para of the report is very much relevant and
runs as follows:-
"Currently, all the prescribed treatments are being
provided to the inmate. There is no
deterioration/worsening of symptoms of the above
mentioned inmate. His general condition is stable and
satisfactory."
Medical Officer Incharge
Central Jail Hospital &
Dispensary, Central Jail
No.3 Tihar New Delhi
110064.
14. The report, thus, reveals that all required treatment is being
provided to the petitioner and his condition is stable and
satisfactory. In these circumstances, no grounds for interim bail on
medical grounds are made out.
15. As discussed earlier, the petitioner has not pressed his
arguments on the point of recommendations of High Powered
Committee dated 18th May, 2020 since case of the petitioner is not
covered under the same. Similarly, learned counsel for the
petitioner has not made his arguments on merits, since a separate
application has been filed and argued by the learned counsel and has
been decided vide a separate order of even date.
16. In view of the above discussion, this court is of the view that
at present petitioner is not suffering from any such serious ailment
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By:PRADEEP SHARMA
Signing Date:04.11.2020
16:50:57
which warrants his release from jail on interim bail. Thus, keeping
in mind all the facts as discussed above, no grounds for interim bail
on medical grounds are made out at this stage. The interim bail
application is, therefore, dismissed and stands disposed of
accordingly.
17. A copy of this order be sent to the concerned Jail
Superintendent via electronic mode.
18. The order be uploaded on the website of this court forthwith.
BRIJESH SETHI, J
NOVEMBER 03, 2020
AK
Signature Not Verified
By:PRADEEP SHARMA
Signing Date:04.11.2020
16:50:57
