[Delhi Riots] Accused who suffered bullet injury during riots gets interim bail after Delhi court takes humane view of his medical condition

A riot accused who suffered from a bullet injury during the Delhi riots in February, 2020 and is stated to have suffered a paralytic stroke in jail, has been granted interim bail by a Delhi court on humanitarian grounds [State Vs. Mohd. Shahid]. .The jail authorities informed Additional Sessions Judge Amitabh Rawat that accused Mohd Shahid was being taken to a hospital on a wheel-chair as his limbs were not functioning."The accused suffered a bullet injury in his right shoulder while participating in the riots as per the prosecution. 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," the judge noted..The bail order passed on August 11, 2021, underlined the gravity of the offences against the accused but added that his medical condition was of paramount importance. Accused’s counsel submitted that Shahid had suffered a paralytic attack on August 3, 2021 and was admitted in GTB Hospital. The counsel contended that the accused had lost his ability to walk or move his limbs in a normal manner besides developing kidney stones leading to “severe recurring pain”.The court was also informed that the accused had fallen in the jail washroom on July 13, 2021, and his only functioning left hand suffered a fracture. “It is pertinent to make mention that the right hand of the applicant was already having restricted movements owing to the gun shot injury during riots,” the order noted.A medical report was called from Jail Superintendent stated the following: “The patient was present in the OPD of Central Jail no.13 on 02.08.2021 at around 10.50 am with complain of weakness (sudden onset) in all four limbs. Patient was examined and referred to the GTB Hospital emergency department immediately and was admitted for evaluation and further management. It is further reported that patient was discharged on 04.08.2021 with two probabilities that patient is either malingering or has myelopathy.”It further said that the patient was advised to visit neurology department of IHBAS Hospital and upon examination the duty doctor advised an MRI. “Patient will be sent to higher centre for the MRI. Patient has been recalled with MRI report in the OPD of IHBAS Hospital. He will be sent to IHBAS after getting the MRI done. Patient was also examined in the OPD of Central Jail no.13 on 09.08.2021 and during examination his vital were within normal limits and he was stable and is able to walk,” it added.The court, subsequently, noted, “Today it is also informed by the counsel for the accused that he has again been taken to hospital, therefore, Jail Superintendent has been asked to join the WebEx proceedings. Assistant Superintendent has stated that four limbs of the accused are not working and he is being taken to hospital. At present he is on a wheel chair.”Special Public Prosecutor (SPP) submitted that appropriate orders may be passed.“Even today the submissions made regarding four limbs of the applicant/accused shows the precarious condition of the accused lodged in jail. 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 held.Shahid was directed to not get in touch with any of the witnesses or tamper with the evidence besides being ordered not to leave the city of NCT of Delhi without permission. He will have to also provide his mobile number to the Investigating Officer and keep it switched on till the interim bail period.“The accused shall also call the Investigating Officer every week. On the expiry of interim bail for three months, the accused shall without fail, surrender himself before the concerned Jail Superintendent, who shall thereafter file a report to this court. 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 clarified.Shahid was booked in a case bearing Sections 147 (rioting), 148 (rioting armed with deadly weapon), 149 (unlawful assembly with common object), 186 (obstructing public servant), 353 (assault on public servant), 283 (obstruction in public way or line of navigation), 332 (voluntarily causing hurt to public servant), 333 (grievous hurt to public servant), 323 (voluntarily causing hurt), 307 (attempt to murder), 302 (murder), 427 (mischief causing damage to amount of fifty rupees), 120B (criminal conspiracy), 34 (common intention) and 188 (disobedience to order promulgated by public servant) of the Indian Penal Code and relevant provisions of the Arms Act and the Prevention of Damage to Public Property Act, respectively.Advocate Bilal Anwar Khan appeared for the accused whereas SPP Rajeev Krishan Sharma represented the State..[Read Order]