$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 302/2015. versus

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1 $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.A. 302/2015 ASHOK KUMAR SHARMA & ORS... Appellants Through: Mr.K.S.Singh, Adv for A-1 Ms.Rajni Singh, Adv for A-2 versus STATE ( NCT OF DELHI) Through:... Respondent Ms.Aashaa Tiwari, APP for State with Insp.Mohinder Singh, PS Gandhi Nagar. CORAM: HON'BLE MS. JUSTICE GITA MITTAL HON'BLE MS. JUSTICE ANU MALHOTRA O R D E R % Crl.M.(Bail) No.485/2017 (o/b of Appellant No.1Ashok Kumar Sharma) 1. A status report dated 26 th March, 2017 has been filed under the signatures of Inspector Mohinder Singh, Officiating, SHO Police Station Gandhi Nagar enclosing a letter in original dated 24 th March, 2017 from Dr.Shyam Bihari Bansal, Associate Director-Nephrology from Medanta Kidney & Urology Institute, categorically stating that Ashok Kumar Sharma is not suitable for donating his kidney for transplantation and that the record shows that because of the appellant s diabetes, he stands referred to the Endocrinologist for his treatment. 2. Learned counsel appearing for the appellant No.1 insists that the appellant No.1 deserves to be examined by another medical authority. Inasmuch as the appellant has been opined as unfit for

2 kidney donation because he has been found to be diabetic, the issue can be amply verified by a report from the Jail with regard to the status of diabetes so far as applicant is concerned. 3. We note that it is the applicant s family member Ms.Nita Sharma, who needs kidney transplantation and is getting treatment from the Department of Nephrology at Medanta-The Medicity, and her treating doctor has declared the appellant unfit for kidney donation. Inasmuch as, Mr.K.S. Singh, learned counsel for the appellant is challenging the report given by Dr.Shyam Bihari Bansal of this Institute, we have informed him that adjournment on this application can be granted only if he is willing to bear the cost of today s date of hearing as well as the next date of hearing on this application. Mr.K.Singh, learned counsel for the appellant, on instructions, from Mr.Ashwini Kumar Sharma, husband of Mrs.Nita Sharma, submits that he is willing to do so. 4. In view of the above, we direct as follows: Subject to Mr.Ashwini Kumar Sharma deposit a sum of Rs.10,000/- with the Delhi High Court Legal Services Committee within two days from today and placing proof of the deposit with the Registrar (Appellate), a report may be called from the jail authorities with regard to the medical status of Ashok Kumar Sharma/appellant No.1 as to whether he is suffering from diabetes as well

3 as the duration of the disease and the treatment which he is receiving. 5. List on 17 th April, Crl. M. (Bail) 157/2017 (o/b of Appellant No.2 Deepak Kumar) 6. A status report dated 23 rd March, 2017 has been received from the Standing Medical Board of IHBAS stating that Smt. Raj Rani, mother of Deepak Yadav/appellant No.2, has been diagnosed as a case of Schizophrenia of Paranoid sub-type and continuous course with Dementia (mixed) with hypertension and she is dependent for her activities of daily living and functional areas on her caregivers. Her condition requires regular treatment and assisted supervised living. 7. In view of the medical condition of the mother of Deepak Yadav/appellant No.2, by our order dated 14 th December, 2016, we had granted interim suspension of sentence to Deepka Yadav/appellant No.2, which stands extended by the order dated 25 th January, 2017 and 31 st January, 2017 for this reason. 8. On our query with regard to the status of the family members of the appellant No.2, our attention is drawn to a report dated 10 th December, 2016 (page No.477) submitted by Inspector Vinay Malik, SHO Police Station Gandhi Nagar, stating as follows: The appellant No. 2 is the only son of his parents and his family is consisted of her mother Raj Rani Sharma only, as his father has already been expired in the year The wife of appellant No.2, namely, Priyanka aged about 42 years had left his house along with his two sons Mayur Sharma and Naman Sharma in the year At

4 present, his wife along with his two sons are residing at Maliwara, Ghaziabad, U.P. in her sister house and she is no more taking care of her matrimonial house. The two sisters namely Deepshikha and Anupshika are married and living in their matrimonial houses, however, they are taking care of their mother time to time. 9. It would, therefore, appear that there are issues between the appellant No.2 and his wife and children as well which need immediate resolution and a holistic view needs to be taken so as to resolve the issue of care of Smt.Raj Rani. In view of the above, it is directed as follows: (i) Smt.Priyanka W/o Deepak Yadav shall appear before us on 11 th April, 2017 at 11:30 a.m and; (ii) Appellant No.2 shall also remain present before us on 11 th April, 2017 at6 11:30 a.m. (iii) Appellant No.2 shall pay a sum of Rs.2000/- to Inspector Mohinder Singh, SHO Police Station Gandhi Nagar to pay to Smt.Priyanka W/o Deepak Yadav,appellant No.2, for conveyance to visit the Court. (iv) The sentence imposed upon the appellant No.2 shall remain suspended till the next date of

5 hearing. List on 11 th April, A copy of order be given dasti to the counsel for the parties under the signatures of the Court Master. GITA MITTAL, J MARCH 27, 2017/sv ANU MALHOTRA, J