Delhi High Court - Orders
Ishtiaque Ali vs State Nct Of Delhi on 31 May, 2023
Author: Rajnish Bhatnagar
Bench: Rajnish Bhatnagar
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 418/2023
ISHTIAQUE ALI ..... Petitioner
Through: Mr. Hemant Gulati, Advocate.
versus
STATE NCT OF DELHI ..... Respondent
Through: Mr. Amit Ahlawat, APP for the State
with Insp. Vinod Yadav, PS Palam
Village.
Mr. Vijay Kasana, Mr. Kshitiz
Chhabra, Mr. Neeraj Yadav and Mr.
Chirag Verma, Advocates for
Complainant.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 31.05.2023
CRL.M.(BAIL) 577/2023
1. The present application has been filed by the petitioner under Section 439 read with Section 482 Cr.P.C. seeking interim bail for a period of six weeks on the ground that his mother is to be operated for knee replacement surgery.
2. Learned counsel for the petitioner submits that petitioner will admit his mother in the hospital on 06.06.2023 for knee replacement. He further submits that medical documents of the mother of the petitioner is placed on record. He further submits that in case the mother of the petitioner is not admitted in hospital on 06.06.2023, the 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 08/10/2023 at 07:00:05 petitioner would surrender on the very next day, i.e., on 07.06.2023.
3. On the other hand, learned APP on instructions from the IO submits that the medical documents of the petitioner's mother have been verified and a verification report has been filed.
4. I have perused the medical certificate dated 16.05.2023 issued by Dr. Manish Dhawan, Sir Ganga Ram Hospital. A perusal of the same shows that surgery of petitioner's mother is due for knee replacement and it further reveals that the date of surgery of the mother of the petitioner is 08.06.2023, for which she is to be admitted on 06.06.2023. The medical certificate further notices that the surgery will only be performed if she gets admitted on the said date.
5. In view of the submissions of learned counsel for the petitioner and looking into the fact that the mother of the petitioner is to be admitted in the hospital for knee replacement surgery on 06.06.2023, the interim bail application of the petitioner is allowed and the petitioner is admitted to interim bail for a period of four weeks from the date of his release subject to the following conditions:-
i. The Petitioner shall furnish personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the concerned trial court;
ii. The petitioner shall provide his mobile phone number to the Investigating Officer (IO) concerned
- at the time of release, which shall be kept in working condition at all times. The petitioner shall not switch-off, or change the same without prior 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 08/10/2023 at 07:00:05 intimation to the IO concerned, during the period of bail;
iii. The petitioner shall not leave the NCT of Delhi without the prior permission of this Court and shall reside at the address as per prison records;
iv. The petitioner shall positively surrender before the concerned Jail Superintendent on the expiry of the period of four weeks from the date of his release and shall not seek any further extension on any ground whatsoever.
6. However, if for any reason the petitioner's mother is not admitted in the hospital on 06.06.2023 for her knee replacement, the petitioner shall surrender on 07.06.2023 before 4:00 P.M. Only if the petitioner's mother is admitted in the hospital for a knee replacement surgery on 06.06.2023, the petitioner will be able to avail the complete interim bail period of four weeks.
7. With the aforesaid observations, the application stands disposed of.
BAIL APPLN. 418/20238. List on 22nd September 2023.
RAJNISH BHATNAGAR, J MAY 31, 2023 p 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 08/10/2023 at 07:00:06