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Delhi High Court - Orders

Pradeep Pradhan vs State Govt Of Nct Of Delhi on 12 March, 2025

Author: Neena Bansal Krishna

Bench: Neena Bansal Krishna

                                $~49
                                *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                                +         BAIL APPLN. 1035/2025 & Crl.M.A. 7836/2025
                                          PRADEEP PRADHAN                                                               .....Petitioner
                                                      Through:                                          Mr. Navlender Kumar, Advocate

                                                                               Versus

                                          STATE GOVT OF NCT OF DELHI                .....Respondent
                                                       Through: Mr. Utkarsh, Additional Public
                                                                 Prosecutor for Respondent-State
                                                                 with SI Manish
                                          CORAM:
                                          HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                                     ORDER

% 12.03.2025

1. The present Bail Application under Section 483 of Bhartiya Nagrik Suraksha Sanhita, 2023 read with Section 438 Cr.P.C. and Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 and Section 482 Cr.P.C. has been filed on behalf of the Petitioner seeking extension of interim bail in FIR No. 0461/2021, under Sections 364A/392/397/412/34 IPC and Sections 25/27/54/59/30 of Arms Act, registered at Police Station Paharganj, Delhi; for a period of thirty days.

2. The Petitioner was arrested in the present case on 19.11.2021. Charge sheet in the present case was filed in February, 2022 and Supplementary Charge sheet was filed in May, 2022. Charge was framed on 30.03.202 and the matter is proceeding on trial.

3. Vide order dated 24.02.2025, the learned Additional Session Judge granted interim bail to the Applicant for a period of 11 days i.e. till 07.03.2025 to take care of his ailing mother. Thereafter, the Applicant This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 22:37:52 sought extension of interim bail, which was granted by the learned Sessions Court vide order dated 07.03.2025 till 13.03.2025, again for the purpose of taking care of the ailing mother.

4. By this Application, further extension of interim bail for 30 days is sought by the Applicant on the ground of taking post surgery care of his mother. It is submitted that father of the Applied has died and there is no other male family member in the family and also that his wife is living separately and so, there is no one in the family to take care of his mother.

5. Learned Counsel appearing on behalf of the Applicant has submitted that the present Bail Application has been filed as the learned Session Judge, while extending the interim bail of the Applicant on 07.03.2025, has already given the mind that no further extension shall be granted, though this fact has not been mentioned in the Order.

6. Learned Additional Public Prosecutor for Respondent-State has argued that the interim bail cannot be converted into a regular bail and such repeated extensions are opposed to the law, as laid down by the Supreme Court and this Application has no merit and it deserves to be dismissed.

7. Submissions heard and record perused.

8. The Applicant was granted interim bail vide order dated 24.02.2025 and he was released from jail on 25.02.2025 to take care of his mother who had to undergo cataract surgery on 25.02.2025, but the surgery was performed on 07.03.2025. Even thereafter, the learned Session Judge granted further extension of interim bail till 13.03.2025 granted to the Applicant to enable him to take post surgery care of his mother. On similar grounds further extension of bail is sought before this This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 22:37:52 Court. There is no justification for further extension of interim bail.

9. The Bail Application and pending Application are hereby dismissed.

10. The Applicant shall surrender before the Jail Superintendent concerned on the date already scheduled for his surrender i.e. 13.03.2025.

NEENA BANSAL KRISHNA, J MARCH 12, 2025 r This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/03/2025 at 22:37:52