Order 5

Order Details: COPY OF ORDER
Pdf Text: SC No. 295/2023
State v. Tazeem & Ors
FIR No. 165 /2023
P.S Special Cell
08.11.2023
Present: Sh. Irfan Ahmed, Ld. Addl. PP for State.
IO SI Vikas Kumar in person.
Accused Tazeem and Irshad @ Bhuru produced
from JC.
Sh. Vimal Tyagi, Ld. Counsel for accused Tajeem.
Today, the case is fixed for filing FSL result and
reply/arguments on interim bail application of accused Tajeem.
FSL result by way of supplementary charge-sheet
filed on behalf of the IO. The same is taken on record. Copy
supplied to accused persons.
On being asked, accused Irshad @ Bhuru submits
that he does not want assistance of legal aid counsel. He stated
that his private counsel will appear on the NDOH.
Report filed by the IO to the interim bail application
of accused Tajeem.
Arguments heard on the interim bail application.
It is submitted by ld. Counsel for accused Tazeem
that wife of accused is suffering from severe chronic kidney
disease Stage IV and is undergoing treatment in Fortis Hospital,
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Shalimar Bagh. It is further submitted that wife of
applicant/accused is totally bed ridden; there is no male member
in the family to look after her except the applicant/accused and
also to take her to the hospital for treatment/admission purpose. It
is further submitted that investigation in the present case is
complete and charge-sheet has already been filed. It is thus
prayed that applicant/accused Tazeem may be granted interim
bail for a period of one month on any terms or conditions.
Ld. Addl. PP has vehemently opposed the present
application on the ground that on verification of medical
documents from Fortis Escorts Heart Institute, it is found that
wife of applicant/accused was advised admission but she never
got admitted and her present condition is not known as she never
came for follow up or admission and treatment will be decided
after the diagnosis is made with the investigation. It is further
submitted that on verification of medical documents of Fortis
Hospital, Shalimar Bagh, it is found that at the time of OPD
consultation, patient was found stable and no special treatment or
surgical intervention was required on urgent basis.
Submissions heard. Record perused.
Report dated 06.11.2023 of Fortis Escorts Hospital
shows that patient was seen once in the OPD on 26.10.2023 and
has not come back for follow up.
Report dated 06.11.2023 of Fortis Hospital,
Shalimar Bagh also shows that “ As per records, patient had
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visited our Hospital in OPD (Out Patient Department) on 2nd
September, 2023, 11th September,2023 and 21st October, 2023. As
per history and investigation reports shown by the patient to our
doctors, patient is suffering from Chronic Kidney Disease (CKD)
of unknown Etiology” and “ At the time of OPD consultation on
the aforesaid dates, patient was stable. No special treatment or
surgical intervention was required on urgent basis”.
Considering the totality of facts and circumstances
coupled with the fact that allegations against the accused persons
are serious in nature, this Court is not inclined to release the
applicant/accused Tazeem on interim bail. The present interim
bail application stands dismissed.
The application is disposed off accordingly.
List the matter on 05.12.2023 for arguments on
charge.
(Dr. Hardeep Kaur)
ASJ-02, NDD/PHC/New Delhi
08.11.2023
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