Delhi High Court - Orders
Sukash Alias Sukesh Chandrashekar vs Govt. Of Nct Delhi And Ors on 4 June, 2021
Author: Siddharth Mridul
Bench: Siddharth Mridul, Anup Jairam Bhambhani
$~18
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 999/2021 and Crl. M.A. Nos.7629/2021 (stay) &
8524/2021 (interim release)
SUKASH ALIAS SUKESH CHANDRASHEKAR ..... Petitioner
Through: Mr. Mukul Rohatgi, Senior Advocate
with Mr. Parag P. Tripathi, Senior
Advocate, Mr. Mayank Tripathi,
Advocate, Mr. Mahesh Agarwal,
A d v o c a t e , M r. A n k u r S a i g a l ,
Advocate, Mr. Anshuman Srivastava,
Advocate and Mr. Utkarsh Pratap,
Advocate.
versus
GOVT. OF NCT DELHI AND ORS ..... Respondents
Through: Mr. Avi Singh, ASC (Criminal) for
the State.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
ORDER
% 04.06.2021 The present matter has been taken-up for hearing by way of Video Conferencing on account of COVID-19 pandemic.
Crl. M.A. No.8524/2021 (Interim release) The petitioner, who is an undertrial in case FIR No. 56/2017 registered under sections 170/468/420 IPC and under section 8 of the Prevention of Corruption Act at P.S.: Crime Branch and is presently lodged at Tihar Jail, New Delhi, has moved the present application seeking custody parole for a period of 14 days on the ground that his aged mother is Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:06.06.2021 W.P. (Crl.) 999/2021 Page 1 of 7 15:27:55 suffering from left ventricular failure with cardiomegaly (which is a condition in which the heart gets enlarged, which exposes the patient at a high risk of sudden cardiac arrest) and also suffers from breathlessness and acute respiratory issues. It is the petitioner's contention that since his mother is in a precarious medical condition, the petitioner being the only son, and his father having passed away on 22.11.2020, he wishes to spend some time with his mother and be beside her, and to also take care of her medical requirements.
Notice in this application was issued on 01.06.2021; pursuant to which status report dated 02.06.2021 has been filed on behalf of the State/ respondent.
Mr. Mukul Rohatgi and Mr. Parag P. Tripathi, learned senior counsel appearing for the petitioner on instructions of Mr. Mayank Tripathi, learned counsel for the petitioner, submit that while the petitioner is alleged to have committed certain offences inter alia under the Prevention of Corruption Act, which allegations he stoutly disputes and denies, the position is that by way of the present application the petitioner is only seeking a brief release on custody parole.
Learned senior counsel point-out that, as evidenced by the custody certificate dated 18.04.2021, the petitioner has already undergone imprisonment of more than 3-1/2 years as an undertrial, during which time he has also been granted relief of interim bail and custody parole on numerous occasions as set-out below:
1. Custody Parole: 26.06.2018 to 07.08.2018
2. Custody Parole: 11.08.2018 to 21.08.2018
3. Custody Parole: 06.07.2019 to 18.12.2019
4. Interim Bail (in custody): 01.10.2020 to 04.11.2020, granted Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:06.06.2021 W.P. (Crl.) 999/2021 Page 2 of 7 15:27:55 by the Hon'ble Supreme Court.
5.Interim Bail (in custody): 23.11.2020 to 09.12.2020, granted by the Hon'ble Supreme Court.
Learned senior counsel state that the petitioner has never abused the liberty and relief granted to him; and in the circumstances, he is entitled to the relief prayed for by way of the present application, especially considering the precarious medical condition of his aged mother. It is clarified that to be with his mother, the petitioner wishes to visit Chennai, where he will be residing with her at Flat No.1505, TVH Qaudrant, Adyar, Chennai.
Attention of the court is also drawn to some recent medical documents in respect of the petitioner's mother; and to the response furnished to written queries made by the Investigating Officer, by 03 separate medical practitioners/consultants, in which one of the doctors has opined inter alia that the condition of petitioner's mother would be termed as 'short term critical condition which needs immediate medical attention'. Attention is also drawn to the observation of one of the doctors, who has said that considering the mother's vitals ' ... and her present physical condition she is not recommended to do any kind of travel'. In the circumstances, it is prayed that the petitioner may be granted custody parole.
Furthermore, attention of this court is drawn to the certain orders made by the Hon'ble Supreme Court in relation to the petitioner, inter alia orders dated 29.09.2020, 01.10.2020 and 23.11.2020, whereby the Hon'ble Supreme Court has inter-alia granted to the petitioner interim bail, of course on certain terms and conditions.
On the other hand, opposing the grant of custody parole, Mr. Avi Singh, learned Additional Standing Counsel for the State submits that the Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:06.06.2021 W.P. (Crl.) 999/2021 Page 3 of 7 15:27:55 petitioner is implicated in several criminal cases including under the Prevention of Corruption Act; that the charges against him are serious; that he has in the past abused the relief and liberty granted to him by attempting to suborn the police officials who were responsible for him during his remand. Mr. Singh also submits that the criticality of the mother's medical condition is not confirmed. Apart therefrom, Mt Singh also says that the petitioner owes to the State a large sum of money for expenses incurred on his custody parole on an earlier occasion. On being queried however, Mr. Singh fairly agrees that the amount that the State claims from the petitioner is subject-matter of separate proceedings, that are on-going before the learned Chief Metropolitan Magistrate, Tis Hazari (West), Delhi.
On a conspectus of the submissions made and the documents on record, including in particular the earlier orders made by the Hon'ble Supreme Court granting to the petitioner interim custody bail, what weighs with this court is the following:
(i) It does appear from the medical records of petitioner's mother, as also from the written response given by the doctors/consultants to queries made by the State regarding the mother's medical condition, that the petitioner's mother is medically in a vulnerable condition;
(ii) Furthermore, it is clear that in the past the petitioner has availed the relief of interim custody bail and custody parole on numerous occasions and has surrendered back to custody;
(iii) Also, even recently, vidé order dated 23.11.2020 the Hon'ble Supreme Court had released the petitioner on interim custody bail on the ground that his father had, at that time, contracted coronavirus infection.Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:06.06.2021 W.P. (Crl.) 999/2021 Page 4 of 7 15:27:55
In view of the foregoing, we see no plausible cause or reasonable apprehension, why the petitioner should be denied the guarded liberty that grant of custody parole entails. The petitioner is in any case an undertrial who has been in prison for more than 3 years; and has also undertaken to pay all expenses, including those for travel, lodging and boarding of the police personnel who would accompany him to Chennai.
In the circumstances, the present application is allowed; and the petitioner is granted interim custody bail for a period of 02 weeks from the date he avails it, subject to the following conditions:
(i) During the entire period of release on interim custody bail, the petitioner shall at all times, commencing from his departure from Rohini Jail, Delhi and until his surrender to prison, be accompanied by a requisite police escort to be provided by the DAP III Battalion of Delhi Police, as may be directed by and to the satisfaction of, the concerned Assistant Commissioner of Police;
(ii) The petitioner shall deposit, in advance, with the Assistant Commissioner of Police, ISC, Crime Branch, Chanakyapuri an amount of Rs.5,00,000/- (Rupees Five Lacs Only) towards the expenses of the police escort for travelling by air to-and-from Chennai with the petitioner, and towards their lodging, boarding and other necessary expenses. The amount shall be deposited by way of a demand draft; and it is clarified that the demand draft shall be drawn in favour of "DAP III Battalion, Delhi Police";
(iii) Any additional expenses, over and above the advance deposit of Rs. 5 lacs as aforesaid, that may be incurred towards the police escort shall also be paid by the petitioner to the DAP III Battalion of Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:06.06.2021 W.P. (Crl.) 999/2021 Page 5 of 7 15:27:55 Delhi Police, within 15 days of return to custody;
(iv) For the record, insofar as the dispute qua the earlier charges claimed by the police to be due from the petitioner are concerned, the same shall be subject to the decision in the proceedings pending before the learned CMM (West). In that behalf, Mr. Mukul Rohatgi and Mr. Parag P. Tripathi, learned senior counsel instructed by Mr. Mayank Tripathi, undertake to deposit without demur any amount that may be found to be due in those proceedings.
(v) Mr. Mukul Rohatgi, learned senior counsel has also confirmed on instructions of the petitioner, that the petitioner does not possess a passport;
(vi) The petitioner shall, at all times during his interim custody bail, be stationed in Chennai at the following address, except when he needs to accompany his mother or otherwise consult doctors in relation to his mother's medical condition:
Flat No.1505, TVH Quadrant Adyar, Chennai.
(vii) It is made clear that in the course of interim custody bail, the petitioner shall not be entitled to the presence of any personal guards or other such persons;
(viii) While during the term of interim custody bail, the petitioner shall be entitled to requisite privacy to spend time with his mother and family members at the address mentioned above, he shall not be entitled to socialise, entertain guests or otherwise interact with outsiders;Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:06.06.2021 W.P. (Crl.) 999/2021 Page 6 of 7 15:27:55
(ix) The petitioner undertakes to obtain all requisite permissions from the Government of the State of Tamil Nadu as may be required as per applicable rules and protocols in-force due the prevailing pandemic, prior to departure from Delhi.
(x) The petitioner shall not contact, nor offer any inducement, threat or promise to the complainant or to any prosecution witnesses;
nor indulge in any act or omission that may prejudice the proceedings pending against him;
(xi) Upon expiration of the period of interim custody bail, the petitioner shall be brought back to prison in Delhi. The application stands disposed of in terms of the aforesaid directions.
W.P.(Crl.) 999/2021 and Crl. M.A. Nos.7629/2021 (stay) List on 19.07.2021.
SIDDHARTH MRIDUL, J ANUP JAIRAM BHAMBHANI, J JUNE 04, 2021/Ne Click here to check corrigendum, if any Signature Not Verified Digitally signed by:DURGESH NANDAN Signing Date:06.06.2021 W.P. (Crl.) 999/2021 Page 7 of 7 15:27:55