Delhi High Court - Orders
Shiv Kumar vs State, Nct Of Delhi on 12 September, 2022
Author: Sudhir Kumar Jain
Bench: Sudhir Kumar Jain
$~24
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2617/2022 & CRL.M.A. 17398/2022
SHIV KUMAR ..... Petitioner
Through: Mr. Hemant Gulati, Advocate.
versus
STATE, NCT OF DELHI ..... Respondent
Through: Mr. Raghuvinder Varma, APP for the
State with Inspector Yogendra
Kumar, P.S. Govindpuri.
CORAM:
HON'BLE MR. JUSTICE SUDHIR KUMAR JAIN
ORDER
% 12.09.2022
1. The present petition is filed under section 439 Cr.P.C for grant of interim bail in FIR bearing no. 65/2020 registered under sections 302/307/34 IPC at P.S. Govindpuri. It is further stated that the trial is pending in the Court of Mr. Anuj Aggarwal, ASJ-05, South East District, Saket, Delhi.
2. The counsel for the petitioner stated that the petitioner is seeking interim bail for a period of 04 weeks from the date of his release on account of serious illness of his father who is suffering from multiple diseases and at present is suffering from Right Inguinal Hernia which is causing acute pain and difficulty in passing urine. It is further stated that the doctor had advised petitioner's father to undergo surgery of Hernia which is scheduled for 14.09.2022. It is also submitted that there is no one else available in the family of the petitioner to look after his father.
Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:15.09.2022 14:14:073. The Additional Public Prosecutor assisted by Insp. Yogendra Kumar, on the basis of the Status Report, stated that the father of the petitioner namely Sudhir Gyain aged about 77 years is suffering from Right Inguinal Hernia but as per the medical opinion, the proposed injury is a non-emergent injury and may require 07 to 10 days for post operative injury. The Additional Public Prosecutor also stated that on previous occasions, the surgery of the father of the petitioner was fixed but he never made himself available for the surgery. He also stated that the address of the petitioner is not verified and prayed that in the given facts and circumstances of the case, the application for interim bail be dismissed.
4. As per the Status Report and the medical record verified by the S.I. Shailendra Kumar, the father of the petitioner is suffering from Right Inguinal Hernia and the surgery is stated to be fixed for 14.09.2022.
5. After considering all facts, the petitioner is admitted to interim bail for a period of 15 days from the date of his release on furnishing personal bonds in the sum of Rs. 25,000/- (Twenty Five Thousand Rupees Only) with one surety of like amount to the satisfaction of the concerned trial Court subject to the following conditions:-
i) That the petitioner shall not leave Delhi and shall keep his mobile phone in operational mode and shall also supply the mobile number to the concerned Investigating Officer (IO) so that he can be contacted at any time.
ii) The petitioner is further directed that during his period of interim bail, he shall not tamper with the evidence and not try to influence the witness.Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:15.09.2022 14:14:07
iii) The petitioner is also directed to submit his proof of residential address at the time of submission of bail bond before the concerned Trial Court. The petitioner is also directed to surrender before the concerned jail after the expiry of period of interim bail.
6. With the above directions, the application is allowed and accordingly disposed of.
SUDHIR KUMAR JAIN, J SEPTEMBER 12, 2022/sk Signature Not Verified Digitally Signed By:HARVINDER KAUR BHATIA Signing Date:15.09.2022 14:14:07