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"Precarious Condition": Delhi Court Grants 3 Months Interim Bail To Accused Who Suffered Bullet Injury During Riots, Lost Ability To Walk Or Move

Nupur Thapliyal
6 Sep 2021 1:00 PM GMT
Precarious Condition: Delhi Court Grants 3 Months Interim Bail To Accused Who Suffered Bullet Injury During Riots, Lost Ability To Walk Or Move
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A Delhi Court has recently granted three months interim bail to one Mohd. Shahid, accused in a riots case, after taking note of the precarious health conditions faced by him inside jail.Shahid, already having restricted movements in his right hand after suffering a bullet injury during the riots, also got his left hand fractured after falling in jail ward's washroom in July this year. Shahid...

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A Delhi Court has recently granted three months interim bail to one Mohd. Shahid, accused in a riots case, after taking note of the precarious health conditions faced by him inside jail.

Shahid, already having restricted movements in his right hand after suffering a bullet injury during the riots, also got his left hand fractured after falling in jail ward's washroom in July this year. Shahid also complained of weakness in all four limbs, thereby having twin possibilities of either suffering from malingering or myelopathy.

While granting interim bail, Additional Sessions Judge Amitabh Rawat said:

"There is certainly gravity in the offence and material against the applicant/accused Mohd. Shahid. However the medical condition of the applicant/accused is also of paramount importance."

Shahid is one of the accused in FIR 50/2020, Jafrabad registered under sec. 147, 148, 149, 186, 353, 283, 332, 333, 323, 307, 302, 427, 120B, 34 and 388 of IPC along with sec. 25 and 27 of Arms Act and sec. 3 and 4 of Prevention of Damage to Public Property Act.

It was alleged that on February 25 last year, many protesters gathered with common intent to cause rioting at different places in the area of Jafrabad and other places of North-East District. Information was being received regularly regarding stone pelting, firing, acid attack & arson in the area.

Furthermore, it was stated that one Aaman died on the said date due to the gunshot injury allegedly caused by the rioters.

The interim bail application was filed by Shahid after he suffered a paralysis attack on August 3 resulting to which he was admitted in GTB hospital for his treatment. It was also submitted that he has lost his ability to walk or move and has also developed kidney stones leading to pain.

According to the medical report submitted by the hospital, it was stated that Shahid was discharged on August 4 with two probabilities that he is either malingering or has myelopathy. He was also advised to visit neurology department of IHBAS Hospital.

However, Advocate Bilal Anwar Khan appearing for Shahid apprised the Court that he was again taken to the hospital in view of ill health.

On the other hand, the Assistant Superintendent of Jail informed the Court that his four limbs were not working and that he was on a wheel chair.

"The medical report suggests that his condition is not stable as he has been regularly taken to the hospital in emergency. The accused had complained of weakness in his all four limbs and had two probabilities of suffering from either malingering or has myelopathy. Even today the submissions made regarding four limbs of the applicant/accused shows the precarious condition of the accused lodged in jail," the Court ordered.

It added:

"Hence, I am inclined to take humanitarian approach regarding the medical condition of the applicant/accused and allow the present interim bail application of accused Mohd. Shahid for a period of three months from the date of his release subject to furnishing of personal bond in the sum of Rs.15,000/- with one surety in the like amount."

The Court also said that Shahid shall without fail, Surrender himself before the concerned Jail Superintendent, on the expiry of three months interim bail.

"It is, however, made clear that interim bail is not given as per the HPC guidelines and hence, accused shall positively surrender as directed above," the Court said further while disposing of the interim bail plea.

Title: State v. Mohd Shahid

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