Delhi High Court - Orders
Mohd Sabir Raja vs State on 22 July, 2024
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2519/2024
MOHD SABIR RAJA
.....Petitioner
Through: Appearance not given.
versus
STATE
.....Respondent
Through: Ms. Richa Dhawan, Ld. APP for the
State with Insp. M.S. Kamal, SHO
and SI Ved Prakash P.S. Kalindi
Kunj.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 22.07.2024 CRL.M.A. 21073/2024 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is accordingly disposed of.
BAIL APPLN. 2519/20241. A Bail Application under Section 439 Cr.P.C has been filed for grant of interim bail for 30 days.
2. It is submitted in the application that the petitioner was arrested on 02.11.2023. The petitioner's son is suffering from Adeno Tonsillectomy and needs to be treated with utmost urgency. The petitioner is the father and sole earning member of the family, therefore, 45 days interim bail be granted to arrange the money for the surgery.
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 25/07/2024 at 00:14:47
3. The application is opposed on behalf of the State on the ground that there is the wife of the petitioner who has been taking care of the child. No date of surgery has been fixed. Looking at the nature of the relief sought, no interim bail is narrative.
4. Submissions heard.
5. The medical documents show that the child has been taken to Holy Family Hospital from March, 2024 to June, 2024. Earlier also since 2020 the child is being taken to the same Hospital for treatment. It has now been clarified that the wife of the petitioner has been taking the child. There is no date of surgery which has been fixed. Learned ASJ has rejected the bail by observing that the Tonsillitis is a minor operation and there is no urgency of conducting the operation.
6. Apparently, the child has been under the treatment since 2022. No date for surgery has been fixed. There is no ground made up for grant of interim bail, which is hereby dismissed.
NEENA BANSAL KRISHNA, J JULY 22, 2024/va 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 25/07/2024 at 00:14:47