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Ajay Sharma @ Lucky v/s The State Govt. of N.C.T.

    Bail Appln. No. 1261 of 2018

    Decided On, 18 July 2018

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE SANJEEV SACHDEVA

    For the Petitioner: Archana Sharma, Divakar Upadhyay, Advocates. For the Respondent: Panna Lal Sharma, APP.



Judgment Text

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

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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.
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