Dhanraj Kherkar & Ors vs State on 10 November, 2021

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Delhi High Court - Orders

Dhanraj Kherkar & Ors vs State on 10 November, 2021

Bench: Manoj Kumar Ohri

$~12.
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

+     CRL.A. 973/2004

      DHANRAJ KHERKAR & ORS.                        ..... Appellants
                  Through: Mr. Rajive Maini and Ms. Shriya Maini,
                  Advocates for appellant No. 1

                           versus

      STATE                                                ..... Respondent
                           Through: Mr. M.S. Oberoi, APP for State with
                           SI Murari (Mob No: 9717098896)

      CORAM:
      HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
              ORDER

%             10.11.2021
CRL.M.(BAIL) 1303/2021

1. The present application has been filed under Section 389 Cr.P.C. read with Section 482 Cr.P.C. on behalf of appellant No. 1/Dhanraj Kherkar seeking interim suspension of sentence in Sessions Case No. 15/2001 arising out of FIR No. 63/2000 registered under Sections 394/398/34 IPC at Police Station DBG Road, Delhi on the ground of his medical condition.

2. A Medical Status Report from the Office of the Senior Medical Officer, Dispensary, Central Jail No. 03, Tihar, New Delhi has been placed on record. As per the said Medical Status Report, appellant No. 1 was reviewed at AIIMS on 02.11.2021 as a case of Post Tubercular Bronchiectasis with asthma. Relevant excerpt from the Medical Status Report reads as follows:

"At present inmate/patient is suffering from Post Tubercular Bronchietasis, (lung damage due to cavitation/ infection) with respiratory diseases Asthma ? COPD with Hemoptysis (blood in sputam on & off with Exhertional Dyspnea (shortness of breath) on walking mild to moderate distance with recurrent Exacerbation (flaring up of chest infection) along with seasonal variation, Hypertension and he under treatment for the same."

3. In view of the Medical Status Report, the sentence of appellant No. 1/Dhanraj Kherkar is suspended for a period of four weeks from the date of his release, subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty M.M./concerned Court and subject to the following further conditions:-

i) Appellant No. 1 shall remain available on mobile number i.e., 7083459508, which he undertakes to keep operational at all times during the period of his release;

ii) In case of change of residential address/contact details, appellant No. 1 shall promptly inform the same to the concerned Investigating Officer/SHO;

iii) Appellant No. 1 shall 'drop-a-pin' on the Google Maps application to indicate his location to the Investigating Officer/SI Murari (Mob No: 9717098896);

iv) Appellant No. 1 shall surrender after the expiry of the interim bail period.

4. With the above directions, the application is disposed of.

5. A copy of this order be communicated electronically to the concerned Jail Superintendent for information and necessary compliance.

6. Copy of this order be also uploaded on the website forthwith.

MANOJ KUMAR OHRI, J NOVEMBER 10, 2021 na Click here to check corrigendum, if any

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Delhi High Court - Orders