Dharmender Kumar v. The State Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ DHARMENDER KUMAR .....Petitioner Through:

Mr. Pramod Kumar, Mr. Rahul Singh and Mr. Rajvir Singh, Advocates.

versus THE STATE OF NCT OF DELHI .....Respondent Through:

Mr. Tarang Srivastva, APP for the State with Sub Inspector Dharmender Kumar and SI Vaseek A.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 26.09.2024 CRL.M.A. 28459/2024 (exemption) Exemption granted, subject to just exceptions. The application stands disposed-of.

By way of the present petition filed under section 439 of the Code of Criminal Procedure 1973, the petitioner seeks extension of interim bail granted vide order dated 08.08.2024, which was subsequently modified vide order dated 22.08.2024. 2.

Notice on this petition was issued on 20.09.2024. Status report dated 24.09.2024 has been filed by the State.

3.

Mr. Pramod Kumar, learned counsel appearing for the petitioner submits, that subsequent to the modification order, the petitioner was The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

released from prison only on 12.09.2024, whereupon he has attended to his 02 medical issues.

4.

Alongwith Status report dated 24.09.2024, the State has enclosed the responses received from Dr. D.K. Dhiraj of Sir Ganga Ram Hospital in relation to the orthopaedic ailment suffered by the petitioner; and from Dr. Sushil Goyal of Goyal Piles Care Centre in relation to the problem of fissure in ano suffered by the petitioner. 5.

Insofar as the issue of orthopaedic ailment is concerned, in the response given by Dr. D.K. Dhiraj, it stands clarified that the petitioner now needs exercise and intermittent analgesic; no surgical procedure has been advised; and that the medical needs of the petitioner can very well be attended to in jail. 6.

Insofar as problem of fissure in ano is concerned, Dr. Sushil Goyal has opined that the petitioner does not require any surgical procedure as of now; but requires certain treatment which needs 02 visits at an interval of 07 days; and the treatment is not possible in prisons since it is an OPD procedure.

7.

Learned counsel appearing for the petitioner submits, that as per his instructions, the petitioner is to undergo a second procedure advised for his problem of fissure in ano tomorrow, i.e. 27.09.2024; and the physiotherapy advised in relation to his orthopaedic ailment will also end in about 05 days.

8.

In the circumstances, counsel submits that the petitioner may be granted some reasonable extension of interim bail whereafter he will surrender.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

9.

In the circumstances of the case, the interim bail granted to the petitioner vide order dated 08.08.2024, which was subsequently modified vide order dated 22.08.2024, shall stand further extended by another period of 07 days from today on the same conditions as imposed earlier, whereupon, the petitioner will surrender back to custody.

10.

The petition is disposed-of in the above terms. 11.

Pending applications, if any, also stand disposed-of. 12.

Let a copy of this order be sent to the concerned Jail Superintendent forthwith.

ANUP JAIRAM BHAMBHANI, J SEPTEMBER 26, 2024/ak The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.