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Mahender Singh Yadav v. High Court of Delhi and Others

This application for interim bail has been taken out on the ground that the petitioner has been found to be corona positive.

(Indira Banerjee and B.R. Gavai, JJ.)

Mahender Singh Yadav _____________________________ Petitioner;

v.

High Court of Delhi and Others ___________________ Respondent(s).

Petition(s) for Special Leave to Appeal (Crl.) No(s). 3928/2017, decided on July 1, 2020

(Only I.A. No. 57808/2020 in SLP (Crl) No. 5747-5748/2019 to be Listed on 01.07.2020) With SLP (Crl) No. 5747-5748/2019 (II-C) (For Interim Bail on IA 57808/2020) Petition(s) for Special Leave to Appeal (Crl.) No(s). 3928/2017; CRLRP No. 246/2017; I.A. No. 57808/2020; SLP (Crl) No. 5747-5748/2019; SLP (Crl) No. 5747-5748/2019 (II-C); and IA 57808/2020

The Order of the court was delivered by


Order

I.A. NO. 57808/2020

1. This application for interim bail has been taken out on the ground that the petitioner has been found to be corona positive. It is unfortunate that the petitioner has contracted Covid 19. We are informed that he is in a serious condition. He has been hospitalized and is in the Intensive Care Unit of the hospital. Everything possible is being done for the treatment of the petitioner.

2. Mr. K.M. Nataraj, learned ASG states that all the patients are given equal treatment and there is no discrimination of the petitioner or the members of his family on the ground of incarceration of the petitioner.

3. The petitioner or his family members have no grievance with regard to the treatment given to the petitioner. Mr. R. Basant, learned senior counsel for the petitioner argued that interim bail should be granted to the petitioner to enable him and/or his family to take steps in view of the deteriorating health condition of the petitioner. There is, however, no specific indication and/or suggestion forthcoming from the petitioner and/or his family members as to the steps which they wish to take. There is no offer from the family to shift the petitioner to any other hospital. There is not even a whisper in the petition that any differential treatment is meted to the patient or to his relatives on the ground of incarceration of the petitioner.

4. The application, therefore, cannot be entertained. I.A. NO. 57808/2020 is accordingly dismissed.

5. List all the pending applications as directed by the order dated 13.05.2020.

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