Sunil Gupta v. The State

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 544/2020 SUNIL GUPTA ..... Petitioner Through:

Mr. Ravin Rao and Mr. Akshit, Advocates.

versus THE STATE ..... Respondent Through:

Mr. Amit Ahlawat, APP for the State with SI Jaibir PS Bhalswa Dairy.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 06.03.2020 By way of the present petition, petitioner seeks interim bail for a period of four weeks on the ground that he is suffering from umbilical hernia.

I have perused the status report filed by the State. As per the said report, on 13.12.2019, petitioner had stated to the jail authorities that he does not want to get his surgery done and therefore he was prescribed symptomatic treatment.

The report further reveals that petitioner is under regular treatment and follow up by duty doctor and visiting senior resident surgery.

It is submitted by learned counsel for the petitioner that the petitioner never refused for surgery as stated in the status report. It is submitted that petitioner only stated that he wants to get himself

operated upon in a private hospital so that his wife can look after him. It is submitted by learned APP for the State that petitioner is accused under Sections 302/34 IPC and the material witness, who is the son of the deceased, is yet to be examined and there are chances of the petitioner influencing the witness.

He further submits that since the petitioner wants himself to be out by one way or the other it throws light on his conduct that he has some plan in his mind. Learned counsel for the petitioner submits that petitioner may be sent to AIIMS Hospital for his surgery for umbilical hernia. To this, learned APP for the State has no objection. Accordingly, Jail Superintendent is directed to get the petitioner treated for umbilical hernia from AIIMS Hospital and should ensure that his wife is by his bed during pre and post operative period. With the aforesaid directions, present petition is disposed of. A copy of this order be transmitted to the Jail Authorities. Dasti.

RAJNISH BHATNAGAR, J MARCH 06, 2020 AK