Delhi High Court
Rambeer Shokeen vs The State Nct Of Delhi on 30 May, 2022
$~80
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Order pronounced on 30.05.2022
+ BAIL APPLN. 1447/2022
RAMBEER SHOKEEN ..... Petitioner
Through: Mr. Tanveer Ahmad Mir, Mr. Kartik
Venu, Mr. Samaksh Sharma,
Advocates.
versus
THE STATE NCT OF DELHI ..... Respondent
Through: Mr. Tarang Srivastava, APP for State.
Insp. Rahul Kumar, PS Special Cell,
NDR, Lodhi Colony, New Delhi.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
TALWANT SINGH, J.:
1. This is an application for interim bail for 15 days for medical
treatment/surgery of petitioner's wife. The petitioner is in custody in case
FIR No. 10/2015 registered under Section 3 and 4 MCOCA Act, PS Special
Cell, Lodhi Colony.
1.1 Charge sheet stands filed in this case.
1.2 It has been submitted that the wife of the petitioner, namely, Ms. Rita
Shokeen is having an ailment for a long period of time but the same has
aggravated in the last few days and the doctors are now suggesting a surgery
to be performed. She is diagnosed with Menometrorrhagia due to which she
is having abnormal Uterine bleeding, which can be cancerous and it has to
be treated as soon as possible.
1.3 She is to be discharged after 3-4 days of surgery and the surgery to be
conducted is diagnostic laparoscopy, Dilation and Curettage (D&C),
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Signing Date:03.06.2022
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cervical biopsy and IUCD insertion.
2. Notice was issued. Status report stands filed.
3. The medical documents have been verified from Fortis Hospital,
Vasant Kunj, Delhi. As per the reply of the hospital, the patient had last
visited the OPD on 29.09.2021. She was admitted for surgery on 13.03.2022
and discharged on 16.03.2022.
3.1 The surgery is minor/day care and after the surgery, the patient will be
kept in day care unit.
3.2 In brief facts, it is mentioned that the present FIR was registered on
23.02.2015 against notorious gangster, Neeraj Sehrawat and his associates
for running a crime syndicate by creating havoc in Delhi and other States by
committing a series of sensational crimes.
3.3 During investigation, the role of the present petitioner surfaced as an
active member and political face of the syndicate. He was arrested on
27.11.2016 in another case and on 01.12.2016, he was arrested in the present
case after his interrogation and upon finding satisfactory grounds of arrest.
3.4 The petitioner is Mama of co-accused Pankaj Sehrawat and Neeraj
Sehrawat alias Neeraj Bawania, who had financed the election campaign of
the present petitioner. He is also stated to be involved in getting the sharp
shooter of the gang, namely, Amit Malik alias Bhura forcibly released from
the custody of Uttarakhand Police when he was taken to Baghpat, Uttar
Pradesh on 15.12.2014, and arms and ammunitions were also looted from
the Police officials. The gang had made all efforts to ensure victory of the
petitioner's wife, Ms. Rita Shokeen by spending huge amount of extortion
money and by use of muscle power.
3.5 The petitioner is stated to be involved in land grabbing. He is also
stated to be involved in 5 other cases. The petitioner is found to be providing
Signed By:HARIOM
Signing Date:03.06.2022
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harbour and other assistance to the syndicate members. On 26.09.2018, the
petitioner had escaped from the custody of Police escort party from
Safdarjung Hospital, New Delhi, for which FIR No. 242/2018 under Section
223/224 IPC, PS Safdarjung Enclave was registered and he was declared
absconder by the learned Trial Court and he remained absconded for over 27
months.
3.6 The interim bail has been opposed on the ground that the petitioner is
a high-risk criminal member of the syndicate, involved in sensational
crimes, including gruesome and inimical murders, extortions, obstructing
Government servants and committing crimes under Arms Act, etc. in Delhi
and other States.
3.7 The petitioner wants to get interim bail on frivolous grounds of the
surgery of his wife, which was not conducted when she was admitted on
13.03.2022. The surgery is minor/day care and after surgery, she will be
kept in day care unit. The patient has not gone through biopsy till date,
which is necessary for conducting the surgery and the patient has not visited
the hospital for follow up since 16.03.2022.
3.8 Moreover, keeping in view the antecedents of the accused and the
seriousness of the offences, the petitioner was allowed to meet his wife by
granting him 6 hours of custody parole on 16.03.2022 on humanitarian
ground but the petitioner did not avail it and his wife was also discharged
from the Hospital on the same day.
4. I have heard the arguments.
4.1 Interim bail has been prayed for the surgery to be conducted upon the
wife of the present petitioner.
4.2 A notice under Section 91 Cr.P.C. was given to the Hospital by the
Police officials and response thereto dated 19.05.2022 was received. The
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Signing Date:03.06.2022
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relevant paragraphs of the said response are quoted here under:
"e. In view o the clinical history, h/o cancer of the uterus in the
family and ultrasound and Patient already had an ultrasound done
prior to the visit of the hospital which was enough for surgery.
Hence no additional tests were advising.
f. No test was done due to the tests are to be done after admission
and no tests are required before admission.
g. Please find attached herewith the attested copy of the all bills
with mode of payments annexed herewith annexure 4.
h. Please find below details of doctors who seen the patient Mrs.
Reeta Shokeen:-
Dr. Hemanth Kumar Kasaragod, Sr. Consultant, General
Surgery, DMC No-4429
Dr. Neema Sharma, Sr. Consultant OBS & GYN, DMC
No-5851.
Dr. Alka Jha, Sr. Consultant, Diabetology, DMC No-586.
Dr. Sidharth Challani, Consultant Mental Health &
Behavioural Sciences DMC No-DMC/R/3679.
Dr. Arti Nangia Sr. Consultant Opthalmology, DMC No-
2275.
i. The surgery is day care/minor.
j. After surgery the patient will be kept in the day care unit.
k. It depend on the recovery of the patient after surgery but in
mostly cases after 5-7 days patient able to do daily routine works.
l. The alternative treatment for this illness available but because
of family h/o cancer of the uterus it is important to have a biopsy
before starting treatment."
4.3 Keeping in view the past conduct of the present petitioner, as he has
escaped from custody when he was taken to Safdarjung Hospital, New Delhi
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on 26.09.2018; the serious allegations against him of being involved in 5
cases apart from the present case under MCOCA Act and he being alleged to
be an active member of the crime syndicate run by co-accused, Neeraj, I am
not inclined to release him on interim bail.
4.4 However, keeping in view the fact that his wife has to undergo a
minor surgical operation, as per the report of the Fortis Hospital, Vasant
Kunj, New Delhi dated 19.05.2022, I am inclined to grant him day custody
parole for 6 hours on each day when his wife is admitted to the Hospital for
tests, the surgery and for post-operation care.
4.5 The petitioner will submit the surgery schedule, as finalised by the
Doctors of the Fortis Hospital. From the date of admission of the wife of the
petitioner, namely Rita Shokeen, to the date of her discharge, the petitioner
is granted custody parole on each day for 6 hours between 8 a.m. to 6 p.m.
The 6 hours time period is to be decided as per the request of the petitioner
during this time slot. The said concession is available to the petitioner either
for one week from the date of the first visit or the date of discharge of Rita
Shokeen, whichever is earlier.
5. The application is accordingly disposed of.
6. Copy of this order be sent to the concerned Jail Superintendent for
information and compliance.
TALWANT SINGH, J
MAY 30, 2022
pa
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Signed By:HARIOM
Signing Date:03.06.2022
09:54:24
