Sanjay Bakshi vs State Through Gnct Delhi on 1 May, 2023

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Delhi High Court - Orders

Sanjay Bakshi vs State Through Gnct Delhi on 1 May, 2023

Bench: Anup Jairam Bhambhani

                          $~39
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    BAIL APPLN. 1408/2023
                               SANJAY BAKSHI                               ..... Petitioner
                                              Through: Mr. Mukesh Thakur, Mr. Dhirendra
                                                       Singh, Advocates.
                                              versus
                                 STATE THROUGH GNCT DELHI                   ..... Respondent
                                              Through: Mr. Tarang Srivastava, APP for the
                                                         State with SI Neeraj, P.S.: Crime
                                                         Branch.
                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                              ORDER

% 01.05.2023 CRL.M.A. No. 11449/2023 (Exemption) Exemption granted, subject to just exceptions. The application stands disposed of.

BAIL APPLN. 1408/2023

By way of the present petition under section 439 read with section 482 of the Code of Criminal Procedure 1973, the petitioner seeks interim bail for 04 weeks for his daughter's surgery.

2. Medical prescriptions have been annexed. They show that the petitioner's daughter requires 'cochlear implant surgery', which has been re-scheduled from time-to-time by reason of non-availability of the petitioner.

3. Mr. Mukesh Thakur, learned counsel appearing for the petitioner submits that the surgery is now scheduled for 05.05.2023 at Sir Ganga Ram Hospital, New Delhi, requiring the petitioner's daughter to be Signature Not Verified Digitally Signed BAIL APPLN. 1408/2023 Page 1 of 3 By:NEERAJ Signing Date:03.05.2023 14:59:29 admitted to hospital on 04.05.2023, as evidenced by medical prescription dated 20.04.2023.

4. Issue notice.

5. Mr. Tarang Srivastava, learned APP appears on behalf of the State;

accepts notice; and submits that the petitioner's daughter's condition has been previously verified; and he has instructions to say that the medical prescriptions and the need for surgery have been confirmed.

6. In the circumstances, the present petition is allowed, granting to the petitioner interim bail on the aforesaid ground, for a period of 02 weeks from the date of his release, subject to the following conditions:

6.1 The petitioner shall furnish a personal bond in the sum of Rs.25,000/- (Rs. Twenty-five Thousand Only) with 01 surety in the like amount from a family member, to the satisfaction of the Jail Superintendent;

6.2 The petitioner shall not leave the State of Delhi without permission of the court and shall ordinarily reside at the address as per prison records;

6.3 The petitioner shall furnish to the Investigating Officer/S.H.O P.S.: Crime Branch a cellphone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

6.4 The petitioner shall present himself before the Investigating Officer/S.H.O P.S.: Crime Branch every Monday between 11:00 am and 11:30 am to mark his presence. However, he will not be kept waiting longer than an hour for this purpose;

Signature Not Verified Digitally Signed BAIL APPLN. 1408/2023 Page 2 of 3 By:NEERAJ Signing Date:03.05.2023 14:59:29

6.5 If the petitioner has a passport, he shall surrender the same to the Jail Superintendent and shall not travel out of the country without prior permission of this court;

6.6 The petitioner shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The petitioner shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.

6.7 Upon expiry of the period of interim bail, the petitioner shall surrender before the Jail Superintendent. At the time of surrendering, the petitioner shall furnish to the Investigating Officer a complete set of medical records in respect of the surgery undergone by his daughter; and 6.8 Furthermore, it is directed that if the surgery is not conducted on 05.05.2023 or on a date within 2 days thereafter, the petitioner shall surrender back to custody forthwith.

7. The petition is disposed-of.

8. Pending applications, if any, also stand disposed-of.

9. Order be given dasti under signatures of the Court Master.

ANUP JAIRAM BHAMBHANI, J MAY 1, 2023/uj Signature Not Verified Digitally Signed BAIL APPLN. 1408/2023 Page 3 of 3 By:NEERAJ Signing Date:03.05.2023 14:59:29

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Delhi High Court - Orders