Mr. Narendra Singh Bisht, Mr. Deepak Singh, Advs v. STATE OF NCT OF DELHI

Through: Ms. Meenakshi Dahiya, APP for State with SI Paramjeet, PS Ranhola. CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR % Crl. M.B 624/2025 1. The present O R D E R 26.03.2025 application applicant/petitioner under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 439 Code of Criminal Procedure, 1973) seeking interim bail on medical grounds. 2. The learned counsel for the petitioner submits that the petitioner has been in a medical emergency since 27.02.2025 and was taken to Deen Dayal Upadhayay Hospital, Delhi as he had complained of seizures and clotting in the brain, and no specialist was available at the jail hospital. 3. Thereafter, he was referred to G.B. Pant Hospital for treatment from Neuro Specialist and remained admitted there for a week, since This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2025 at 15:01:29

28.02.2025. He submits that the medical condition of the petitioner has still not improved, as he is still having seizure and blood clotting in the brain, therefore, he requires a treatment from a private hospital of his own choice for which he be granted an interim bail for 30 days. 4. The bail application is opposed by Ms. Meenakshi Dahiya, learned APP, submitting that the previous application of the petitoner for interim bail on medical grounds, which vide order dated

21.02.2025 passed by this Court, was rejected, however, he was directed to be taken to Fortis Hospital for his medical examination. 5. The learned APP further submits that as per the medical report dated 26.03.2025, the petitioner is admitted in MI room w.e.f.

21.03.2025 and is under observation. 6. In rebuttal, learned counsel for the petitioner submits that after the passing of the said order dated 21.02.2025, there is change in circumstances the petitioner had suffered uncontrolled Hypertension with high blood sugar and has also suffered one episode of seizure for which he remained admitted in G.B. Pant Hospital and was finally discharged on 09.03.2025 and MRI of brain has been done. 7. The learned counsel further submits that the petitioner was granted the benefit of interim bail for a period of 30 days on medical grounds vide order dated 12.06.2024 and subsequently extended for one more week vide order dated 01.08.2024, which benefit has not been misused by him and he has surrendered before the Jail Superintendent as per the Court’s directions. 8. The medical report dated 18.03.2025 received from the Jail This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2025 at 15:01:29 Superintendent filed by Senior Medical Officer I/C, Central Jail Hospital, Central Jail No. 3,Tihar records as under:- “In compliance to the Hon’ble High Cour order dated 21.02.2025, it is submitted that inmate/patient was referred from Central Jail No. 08/09-Tihar to Central Jail Hospital, Central Jail No. 03- Tihar on 12.03.2025 as a k/c/o DCMP with left MCA infarct with decreased LVEF (15-20%) with Hypertension with diabetes. He was admitted under Medicine department – Central Jail Hospital and is under regular follow-up by Jail Specialist Medicine and SR. Medicine. treatment and advised Inmate/patient was reviewed in department of Cardio-Thoracic and Vascular Surgery – Fortis Hospital, Noida on 10.03.2025 wherein he was provided appropriate departments of Neurology and Endocrinology however an appointment for the same was not provided form Fortis Hospital. He was also advised to review in department of Cardio-Thoracic Vascular surgery after 01 year (copy enclosed). review A letter dated 13.03.2025 was sent to the Office of the Resident Medical Officer – Tihar wherein it was mentioned that his general medical condition is POOR and for consideration for inclusion of the inmate/patient in the list of Seriously Sick inmate/patients (copy enclosed). Further, inmate/patient will be scheduled for Endocrinology and Neurology review upon receiving an appointment from the respective departments of Fortis Hospital – Noida.”

9. As per the medical status report dated 26.03.2025 furnished by the Jail Superintendent, it has been further reported as under:- “In compliance to Hon’ble High Court Order, The inmate/patient was sent to Fortis Hospital, Noida on 10.03.2025 as per appointment given. The inmate patient was examined as a known case of DCMP, Hypertension, Diabetes Mellitus, LVEF 15-20 % and left MCA infarct and was advised medications and Neurology review in view of Left MCA infarct and Endocrinology follow up in view of Diabetes. On 12.03.2025 inmate patient was referred to Central Jail Hospital as a follow up case of DCMP, Hypertension, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2025 at 15:01:29 Diabetes Mellitus, LVEF 15-20% and left MCA infarct with Right Hemeparisis and Brocas Asphaxia, he got admitted there and on 21.03.2025 he was discharged from Central Jail Hospital was referred back to CJ-8/9. At present, inmate patient is admitted in MI Room w.e.f 21.03.2025 for further observation and management and is being provided all prescribed all prescribed medications under supervision of Paramedical staff from jail dispensary.”

10. In view of the above and the circumstances as disclosed by the medical reports dated 18.03.2025 and 26.03.2025 furnished by the Jail Superintendent, the present application is allowed. The applicant/petitioner is directed to be released on interim bail for a period of 30 days from the date of his release on furnishing a personal bond in the sum of Rs. 50,000/- with one surety of the like amount, to the satisfaction of Trial Court/ CMM/ Duty Magistrate, subject to the following conditions:- i. The applicant shall not leave India without prior permission of the learned Trial Court. ii. The applicant shall intimate the learned Trial Court by way of an affidavit and to the Investigating Officer regarding any change in residential address. iii. The applicant shall appear before the learned Trial Court as and when the matter is taken up for hearing. iv. The applicant is directed to give his mobile number to the Investigating Officer and keep it operational at all times. v. The applicant shall not, directly or indirectly, This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2025 at 15:01:29 tamper with evidence or try to influence the witness in any manner.

11. Needless to state, any observation touching the merits of the case is purely for the purposes of deciding the question of grant of interim bail and shall not be construed as an expression on merits of the matter. 12. Copy of the order be sent to the Jail Superintendent for information and necessary compliance. 13. Accordingly, the application is disposed of. 14. Dasti under the signatures of the Court Master. MARCH 26, 2025/SU/SK Click here to check corrigendum, if any SHALINDER KAUR, J This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2025 at 15:01:29