IN THE HIGH COURT OF DELHI AT NEW DELHI
Reserved on: 19.03.2024
Pronounced on: 22.03.2024
BAIL APPLN. 483/2024
SANDEEP PAWAR ….. Petitioner
Through: Mr. Pramod Kumar Dubey, Senior Advocate with Mr. Ajay Pipania, Mr. Ayush Lachan, Mr. Shashank Dewan, Ms. Ritvika Poswal, Ms. Amrita Vatsa, Mr. Ayush Sachan, Ms. Chaitanya Singh,
Mr. Vaibhav Kapur, Mr. Shivam, Mr. H. Pratap, Ms. Aditi and Mr. Satyam Sharma, Advocates
versus
STATE (GOVT. OF NCT OF DELHI ….. Respondent
Through: Mr. Manoj Pant, APP for the State with Inspector Arun Chauhan, P.S. Jahangir Puri. Mr. Ashok Kumar Singh, Senior Advocate along with Mr. Manoj Sharma, Ms. Saloni Singh, Mr. Rajat Joshi, Mr.
Ashanga Rai, Mr. Yagya Gautam, Mr. Mayank Gautam, Advocates for complainant along with complainant.
CORAM:
HON’BLE MS. JUSTICE SWARANA KANTA SHARMA
JUDGMENT
SWARANA KANTA SHARMA, J.
1.The instant application under Section 439 of the Code of Criminal Procedure, 1973 (‘Cr.P.C’), has been filed on behalf of the applicant/accused seeking grant of interim bail for 30 days in case FIR No. 445/2023 registered at Police Station Jahangirpuri, Delhi for offence punishable under Sections 302/120B of Indian Penal Code, 1860 (‘IPC’) and Sections 25/27 Arms Act, 1959.
2.Briefly stated, facts of the case are that the present FIR was registered on the complaint of the complainant who had stated that on 22.05.2023 at around 2:50 PM, when there was Shivling sthapna in Shiv Mandir near Meetha Kuan, Delhi, the applicant alongwith the co-accused persons had fired towards the deceased Bijender Yadav. The present applicant was arrested on 26.05.2023, and the
chargesheet in this case was filed on 24.08.2023.
3.At this stage, the applicant/accused has preferred the present interim bail application on the medical grounds.
4.Learned Senior counsel for the applicant argues that the applicant was arrested on 25.05.2023 and since then, his health condition has started to deteriorate. It is argued that the applicant had complained of the same to the jail authorities in respect of which he has been receiving treatment inside the jail premises, in the jail hospital. It is stated that the applicant had earlier preferred one
interim bail application on medical grounds before the learned Trial Court, which was dismissed vide order dated 26.09.2023 wherein it was observed that the wife of the deceased was under a threat from
the accused persons and one FIR qua this incident had also been registered under Section 336 of IPC at P.S. Jahangirpuri. It is further submitted that subsequent to the dismissal of the first interim bail
application on the medical grounds, the applicant remained in custody and was getting treated whilst being in the custody itself. Subsequently, the applicant had again approached the learned Trial
Court seeking interim bail on the grounds of his deteriorating and declining health, which was dismissed vide impugned order dated 12.01.2024. It is argued that the learned Trial Court did not
appreciate that the applicant was admitted in MAX Hospital, Shalimar Bagh in Critical Care Unit on 05.11.2018 for the very first time at the young age of 24 years in respect of his heart ailments and
was discharged on 07.l1.2018 with advise for ‘Lifestyle Modifications’ along with other necessary instructions. It is also argued that the learned Trial Court did not give due consideration to the fact that the applicant had to be taken outside for his OPD treatments to DDU Hospital and G.B. Pant Hospital multiple times as per the report filed by the jail authorities. It is submitted that the investigation qua the applicant is also complete and the charge sheet has already been filed. It is further submitted that the applicant is aged around 30 years and is the sole bread earner in the family who has to look after his old aged parents, two sisters as well as his wife and one son aged l year. Therefore, it is prayed that the applicant be granted interim bail on medical grounds.
5.Learned APP for State, on the other hand, argues that the allegations against the present applicant are grave and serious in nature, and his plea to be released on medical ground should be viewed keeping in sight the seriousness of the offence committed by him. It is further argued that the applicant has been receiving proper and required medical treatment within the jail premises and there is no occasion to grant interim bail to him. Thus, it is prayed that the interim bail application of the applicant be dismissed.
6.This Court has heard arguments addressed by learned Senior Counsel for the applicant and learned APP for the State, and has perused material on record.
7.The allegations against the present applicant, in a nutshell, are that he alongwith other accused persons had fired gunshots towards the victim Bijender Yadav, during a Shivling installation ceremony at Shiv Mandir, and the victim had succumbed to the injuries.
8.A perusal of the case file, and medical history filed on record reveals that the present applicant is suffering from heart ailment since the year 2018, and had also undergone angiography of heart in the
year 2018 and has been receiving treatment for the same since then.
9.The medical status report reveals that the present applicant has complained of sudden throbbing and pain on the left side of his chest, associated with perspiration and numbness in bilateral hand, atypical
chest pain, etc. A perusal of the medical status report also reveals that the applicant has reported multiple times in recent past in emergency at jail dispensary with complaints pertaining to above mentioned illness and medical conditions. However, this Court notes that the applicant has also been receiving medical treatment within the jail premises and has been taken to Hospitals such as DDU Hospital and G.B. Pant Hospital on multiple occasions. Vide order dated 12.01.2024, the learned Trial Court had also directed that applicant/accused be taken to G.B. Pant Hospital within one week for
adequate medical treatment.
10.Moreover, it is the case of the applicant himself, as mentioned in the contents of petition, that he has been receiving treatment for several medical issues in the jail dispensary/hospital, as well as Jail
Referral Hospitals such as DDU Hospital and G.B. Pant Hospital.
11.Be that as it may, there is no denying the fact that every inmate in a prison, whether an undertrial or a convict, possesses the fundamental right to receive adequate and proper healthcare. This
principle is grounded in basic human rights and ethical considerations, ensuring that individuals in custody are afforded the same level of healthcare as those who are outside the prisons.
12.Therefore, considering the facts of the case and the medical documents placed on record, this Court is of the opinion that the present applicant/accused be admitted in AIIMS Hospital, New Delhi for a period of two (02) weeks from the date of his admission, while being in custody, on following terms and conditions:
a) The applicant be admitted at All India Institute of Medical Sciences, Ansari Nagar, New Delhi- 110029, for a period of two (02) weeks. However, the applicant shall continue to be in the custody of Jail Superintendent concerned, and the Jail Superintendent shall ensure that appropriate and adequate
security is provided/deputed in the Hospital since the accused will continue to remain in judicial custody though under treatment in the Hospital.
b) The Jail Superintendent concerned shall make arrangements to shift the applicant in an ambulance to the said Hospital.
c) It is also ordered that the entire expenses of medical treatment, hospitalisation, security, and other incidental expenses incurred on the treatment shall be borne by the applicant.
d) The applicant shall not be allowed to use any mobile phone/telephone.
e) The learned counsel for the applicant will be allowed legal interview with the applicant, as per jail manual and rules.
13.In this regard, it is observed that AIIMS is widely recognized as a premier healthcare institution, and it is beyond doubt that AIIMS is committed to providing the highest standard of care to all patients,
including the applicant in the present case. Therefore, there is a strong belief that the accused will receive the best possible care and treatment at AIIMS, Delhi safeguarding his health and well-being.
14.In above terms, the present application stands disposed of.
15.Copy of this judgment be forwarded to the concerned Jail Superintendent forthwith.
16.It is, however, clarified that nothing expressed herein above shall tantamount to an expression of opinion on merits of the case.
17.The judgment be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J MARCH 22, 2024/zp Signature Not Verified Digitally Signed
By:ZEENAT PRAVEEN Signing Date:04.04.2024 17:42:46 BAIL APPLN. 483/2024