New Delhi, Sep 18 (IANS) The Delhi High Court has granted 30-day custody bail to an accused in an alleged ISIS conspiracy case to undergo surgery and medical treatment at a private hospital of his choice in Delhi-NCR.
A Division Bench of Justice Prathiba M. Singh and Justice Vikas Mahajan passed the order while dealing with an appeal filed by Farhan Ansar Suse, challenging an order of the Special NIA Court at Patiala House Courts which had rejected his interim bail plea on medical grounds.
The High Court said that Suse, who is required to undergo surgery for an umbilical hernia, “being medically unwell, cannot be prevented from undergoing treatment at a private hospital at his own expense.” However, it declined his request to undergo treatment in Bombay, observing that it was not feasible at this stage “in view of the network which the Appellant is alleged to have in Padgha and the neighbouring areas in Maharashtra.”
The Justice Singh-led Bench permitted him to undergo treatment at any private hospital of his choice in Delhi-NCR while remaining in custody.
Suse is currently facing trial in an NIA case arising out of a 2023 FIR registered under Sections 120B and 387 of the IPC and Sections 13, 18, 18A, 20, 38 and 39 of the Unlawful Activities (Prevention) Act (UAPA).
According to the NIA, the chargesheet was filed in March 2024, followed by a supplementary chargesheet in June 2024. The anti-terror agency has claimed that Suse, along with other accused, was part of a conspiracy linked to ISIS and was involved in raising funds for the terror outfit through extortion and circulating its messages.
The trial is presently at the stage of arguments on charge. Suse’s counsel, senior advocate Satyakam, submitted that the main allegation against his client was extortion and that the alleged ISIS connection was yet to be established during trial.
He also highlighted that there were more than 500 witnesses in the case and that Suse had already spent two years and nine months in custody. The NIA opposed the plea, alleging that Suse was an active member of ISIS in India and one of the prime conspirators in the network allegedly operated by co-accused Saquib Nachan, who has since died.
The probe agency also submitted that Suse was already receiving proper medical treatment in Delhi and that he had changed his stand during the proceedings.
In its order, the Delhi High Court recorded that Suse is suffering from umbilical hernia, bronchial asthma and Type-II diabetes and that doctors at Deen Dayal Upadhyay Hospital had suggested surgery. It directed that the expenses of treatment at the private hospital would be borne by Suse and that he could be accompanied by two immediate family members — his spouse or any of his children — during his hospitalisation.
It also prohibited him from communicating or meeting any other relatives, friends or acquaintances and from communicating, directly or indirectly, with any person named in the chargesheet.
The Justice Singh-led Bench made it clear that once the 30-day custody bail period expires, Suse would be shifted back to jail. It further said that if he is declared fit by the treating doctor before the expiry of the period, he would be shifted back to jail immediately, while any extension would depend on medical advice.
The order clarified that its observations would not have any bearing on other proceedings, including Suse’s pending appeal concerning the pardon he has sought and the writ petition challenging his arrest.
–IANS
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