Delhi HC Imposes 5k Cost On Jail-Superintendent For Not Sending Asthama Patient's Medical Report [Read Order]

The Bench of Justice Suresh Kumar Kait imposed this cost on the Jail-Superintendent as he failed to comply with the Court's order dated 17.09.2020, whereby he was directed to send a medical report clarifying if the petitioner is suffering from Asthma and the treatment being given to him in jail in this regard.

Background of the Case

The present petition was filed under Section 439 read with Section 482 Cr.P.C on behalf of the Applicant/Petitioner for grant of interim bail in FIR 115/2019 for the offences punishable under Section 365/302/201/34 IPC, registered at Police Station Nand Nagri.

As per medical report dated 12.09.2020, petitioner has been suffering from chronic otitis media (COM) in his left ear for the last 1 year.

He was referred to GTB hospital for treatment. There, as per clinical examination and report of PTA (Pure Tone Audiometry) conservative management was suggested.

Petitioner kept complaining that he needs surgery for his hearing loss as he is not getting relief with the current treatment.

In this regard, he was referred to DDU Hospital. The said Hospital thoroughly examined the case, reviewed the past treatment records & tests and finally suggested conservative management. The same is being provided to him from the jail OPD.

The case of the petitioner is that he is suffering from Asthma since long and he is facing problem in jail and living with the help of breathing medical pump, thus, he wants to get proper check-up of his body in a private hospital.

Moreover, he wanted to get his lungs and respiratory organs checked, as he may have contracted Coronavirus.

In view of above, the Court granted interim bail to him for a period of 45 days. Accordingly, he was directed to be released on bail on his furnishing personal bond in the the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of the Trial Court.

The petition was, accordingly, allowed and disposed of.