Hameed Ullah Akbar @ Faheem Mohd.Zai v. State

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPL 992/2020 HAMEED ULLAH AKBAR @ FAHEEM MOHD. ZAI ..... Petitioner Through:

Mr. Rajiv Mohan, Advocate versus STATE ..... Respondent Through:

Ms. Radhika Kolluru, APP for State Mr. Manoj Taneja and Mr. Kunal Israney, Advocates for complainant

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI (VIA VIDEO CONFERENCING)

O R D E R

% 08.06.2020 1.

In terms of the previous order, response on behalf of the complainant has been filed annexing therein a report of the medical board in compliance of the order dated 06.05.2019 passed in CRL.REV.P. 368/2019. The conclusion of the said report is to the following effect:- "The medical board after detailed medical examination of the accused Mr. Hameedullah Akbar @ Faheem Mohd. Zai S/o Sh. Mohd. Akbar and on the basis of the findings of the laboratory and radiological investigations concluded that there is no evidence of active Tuberculosis (T.B) chest and therefore, AntiTubercular Treatment (ATT) can be discontinued and he may be kept under regular medical follow up of jail medical authorities. The accused Mr. Hameedullah Akbar @ Faheem Mohd. S/o Sh. Mohd. Akbar is advised to maintain weekly weight chart, repeat Complete Blood Count and Thyroid Function test after one month and review with jail medical authorities/facilities. BAIL APPL 992/2020

The medical board concluded that accused Mr. Hameedullah Akbar @ Faheem Mohd. Zai S/o Sh. Mohd. Akbar does not require any active medical intervention at present and treatment/follow-up may be provided at the local jail medical facilities."

2.

In view of the above, learned counsel for the petitioner seeks leave to withdraw the present application. However, he submits that proper medical care of the petitioner in terms of the order passed by this Court dated 06.05.2019 in CRL.REV.P. 368/2019 be taken where it has been stated as follows:- "9. In the meantime, in case any emergent treatment is required by accused Hameedullah Akbar, Medical Superintendent, AIIMS Hospital shall ensure that appropriate treatment is afforded to the accused. Superintendent (Jail) is directed to afford all assistance for the same."

3.

In view of the directions already contained in the above order dated 06.05.2019, no further orders are required.

4.

The application is dismissed as withdrawn.

MANOJ KUMAR OHRI, J JUNE 08, 2020 na BAIL APPL 992/2020