Dismissed

Jony Alias Shiva v. State of NCT of Delhi

Delhi HC3 Apr 2025BAIL APPLN./526/2025

Case brief

AI extract

What is this about?

Petitioner sought fresh interim bail on medical grounds citing tuberculosis and kidney stones. Court found age report showed condition was stable and jail treatment adequate, dismissing the bail application while directing best possible jail treatment.

What did the court decide?

Application for interim bail dismissed. Directed to Jail Superintendent to ensure best possible treatment per doctor's advice.

Jony Alias Shiva Vs State of NCT of Delhi — Medical Negligence | Delhi HC (2025)

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$~6

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 526/2025

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JONY ALIAS SHIVA .....Petitioner Through: Mr. Sunil Kumar, Advocate versus STATE OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for State with Inspector Daya Sagar, IO/DPA Wazirabad & Inspector Mukesh Kumar, PS Kalyan Puri

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CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA

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O R D E R

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% 03.04.2025

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This is an application for extension of interim bail for one month in case FIR No. 52/2021, under Section 363/364/302/201/120 IPC, PS Kalyan Puri.

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Perusal of the order dated 07.02.2025 reveals that petitioner was earlier granted interim bail for four weeks and he surrendered on 06.02.2025. The present application is therefore not for extension of interim bail, and in fact, for grant of fresh interim bail on medical ground.

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Learned counsel of petitioner submits that petitioner is suffering from Tuberculosis and is undergoing treatment for the same, and according to him, his left renal calculi is 16.9 mm, and therefore, he requires surgery.

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The application has been opposed by the learned Additional PP, submitting that petitioner is not suffering from any such ailment for which he cannot be treated at the jail hospital or in the referral hospital while in judicial custody.

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 13:52:55

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The report of the Senior Medical Officer does reveal that petitioner had left renal calculi of 16.9 mm, but nowhere there is any advice for surgery of the petitioner. Learned counsel for the petitioner has also not been able to show any of the medical record which may indicate that petitioner needs to undergo surgery for the treatment. Moreover, the report of the Senior Medical Officer does reveal that the condition of the petitioner is stable and his vitals are within the normal limits. He was scheduled for DOTS Centre, GTB Hospital and Urology Department of RML Hospital. 6. It is clear from the report of the Senior Medical Officer that petitioner is getting adequate treatment from jail. I, therefore, find no pressing ground for grant of interim bail on the medical ground. The application is dismissed. However, the Jail Superintendent is directed to ensure that the best possible treatment is made available to the petitioner as per the advice of the doctor. 7. Copy of this order be sent to Superintendent Jail for information, necessary action and proper compliance.

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RAVINDER DUDEJA, J.

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APRIL 3, 2025 RM

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/04/2025 at 13:52:55

Jony Alias Shiva v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

Jony Alias Shiva v. State of NCT of Delhi

Case brief

What is this about?

What did the court decide?

What the court decided

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