W.P.(CRL)/2903/2018 of ANIL KOTHARI JAIN Vs STATE OF NCT OF DELHI

* IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(CRL) 2903/2018 ANIL KOTHARI JAIN

..... Petitioner

Through: Ms. Neha Kapoor, Adv.

versus

STATE OF NCT OF DELHI

..... Respondent

Through: Mr. Jamal Akhtar, Adv. for Standing Counsel for the State.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI O R R% 11.10.2018

CRL.M.A. 33861/2018 (seeking parole)

The petitioner seeks parole for treatment of his left knee and Lumbo Sacral Spine, for which he has undergone some treatment at AIIMS, Jodhpur. On the previous date i.e. 25.09.2018, the Jail Authorities had intimated that there was sufficient medical expertise to provide due care to the petitioner through physiotherapist in the Jail Hospital itself. Report of today’s date from the Medical Officer In-Charge in the jail concerned states that physiotherapist is not available in the said jail but two physiotherapists have joined in the Central Jail Hospital recently and they will be scheduled to visit different jails in Tihar.

The Court is of the view that the same cannot be deemed to be due availability of trained personnel who could readily provide physiotherapy to the petitioner, who has been diagnosed with Generalised Spondylosis

Lumbar Spine with Osteopenia with Sclerosis. He has been prescribed physiotherapy and medications, accordingly. It cannot be denied that number of persons incarcerated in Tihar Central Jail are over 14000 and merely two physiotherapists cannot be expected to attend to all the inmates needing regular physiotherapy. On conservative side, even if 100 inmates require such care, the two physiotherapist will not be able to cope with the need fully. The petitioner cannot be expected to wait for the requisite and adequate medical care to be put in place by the State. His need is immediate. The petitioner would be entitled to medical treatment at place outside the jail since the State cannot provide him due care. In the circumstances, the petitioner is granted parole for period of four weeks from the date of his release on his furnishing personal bond in the sum of Rs.30,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent concerned and subject to the condition that he shall surrender before the Jail Authorities at the expiry of the period of parole.

With the above directions, the application is disposed off.

copy of this order be given dasti to the learned counsel for the petitioner, under the signature of the Court Master. copy of this order be also served upon the Jail Superintendent concerned through the police.

OCTOBER 11, 2018/acm

NAJMI WAZIRI, J