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Rohit Gupta @ Gulshan vs State (Govt. Of Nct Of Delhi) on 16 May, 2023

Author: Siddharth Mridul

Bench: Siddharth Mridul, Talwant Singh

                          $~S-7

                          *       IN THE HIGH COURT OF DELHI AT NEW DELHI

                          +       CRL.A. 302/2020

                                  ROHIT GUPTA @ GULSHAN                  ..... Appellant
                                              Through: Mr. Dhruv Chaudhry, Advocate
                                                       for Mr. Harsh Prabhakar,
                                                       Advocate (DHCLSC).

                                                     versus

                                  STATE (GOVT. OF NCT OF DELHI)         ..... Respondent
                                                Through: Mr. Laksh Khanna, APP for the
                                                           State.
                                  CORAM:
                                  HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                                  HON'BLE MR. JUSTICE TALWANT SINGH
                                                ORDER

% 16.05.2023 CRL.M.(BAIL) 263/2023 (for interim bail) The present application under Section 389 of the Code of Criminal Procedure (Cr.P.C), 1973 read with Section 482 of the Code of Criminal Procedure (Cr.P.C), 1973, has been instituted on behalf of Rohit Gupta alias Gulshan, the appellant, seeking interim suspension of sentence and release on interim bail on medical grounds.

The Medical Officer Incharge, Central Jail No.-04, Tihar, New Delhi-110064, has cause to be filed a medical status report of the appellant, dated 20.04.2023.

A perusal of the said report dated 20.04.2023, reflects that, he is under treatment for Carcinoma Left Mucosa with reduced mouth opening, which ailment has been recurring frequently.

It is observed in this behalf that the appellant has been released on interim bail on numerous occasions, to receive treatment for his underlying ailment, which was extended by this Court, from time to time.

In view of the foregoing and in the interest of justice, in order to enable the appellant to receive the appropriate treatment for his recurring medical condition, the present application is allowed. The sentence awarded to the applicant/appellant, shall remain suspended for a period of six weeks, from the date of his release and he shall be enlarged on interim bail, subject to the following conditions:-

1. The applicant/appellant shall furnish a personal bond in the sum of Rs. 10,000/- (Rupees Ten Thousand Only), with one surety of the like amount to the satisfaction of the jail superintendent;

2. The applicant/appellant shall provide the concerned SHO with his mobile telephone number, which he undertakes to keep operational, during the period of interim bail.

3. The applicant/appellant shall report to the SHO of the concerned Police Station - Dwarka (North) on every Friday at 11:00 a.m. during the pendency of interim suspension of sentence.

4. The applicant/appellant shall not leave the jurisdiction of the National capital Territory of Delhi without prior permission of this Court.

5. The applicant/appellant shall surrender before the jail authorities, after the expiry of the period of interim suspension and release on bail without demur.

With the above directions, the application is disposed of.

A copy of this order be communicated to the concerned Jail Superintendent, through electronic mail, for necessary information and compliance.

A copy of this order be given dasti to learned counsel appearing on behalf of the parties.

At request of learned counsel appearing on behalf of the appellant, the hearing of the appeal is adjourned.

List the appeal on 07.08.2023 for hearing, in the Category of 'After Notice Miscellaneous Matters'.

A copy of this order be uploaded on the website of this Court.

SIDDHARTH MRIDUL, J TALWANT SINGH, J MAY 16, 2023/rs Click here to check corrigendum, if any Signature Not Verified Digitally Signed CRL.A. 302/2020 Page 3 of 3 By:DURGESH NANDAN Signing Date:16.05.2023 17:38:00