Delhi High Court - Orders
Anil Kumar Sharma vs State (Nct Of Delhi on 13 July, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1564/2021 & CRL.M.(BAIL) 878/2021
ANIL KUMAR SHARMA ..... Petitioner
Through : Mr.Mohit Mathur, Sr Advocate with
Mr.Manoj Singh, Advocate.
versus
STATE (NCT OF DELHI ..... Respondent
Through : Mr.M.S.Oberoi, APP for State with SI
Parveen, EOW.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 13.07.2021
1. The hearing has been conducted through Video Conferencing.
2. This application is filed seeking interim bail on the ground the date of surgery of the petitioner is fixed and as such some time be granted to him to get admitted and get his surgery performed.
3. It is submitted by learned senior counsel for the petitioner a team of Doctors from Department of Surgery, Medicine, Orthopedics of AIIMS, New Delhi had examined the documents of the petitioner and was referred for clearance of Cardiology Department for undertaking hernia surgery and was advised various investigations by Cardiology Department on account of petitioner's blood pressure being abnormally on higher side and being diagnosed with known case of 'Hypertension', 'Hypothyroidism' on being treatment and is also diagnosed with 'Right Side Inguinal hernia' and 'Degenerative Spine Disease'.
4. It is submitted by learned senior counsel the surgery could not be performed because of second wave of Covid-19.
5. Learned APP for the State submits since the Hon'ble Supreme Court Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:13.07.2021 16:55 is seized of the matter, hence this Court should not interfere and/or pass bail order.
6. However, Mr.Mohit Mathur, learned senior counsel for the petitioner submits the petitioner was arrested in 17 cases of EOW and out of such matters the petitioner has been admitted on regular bail in four cases on similar facts and allegations and is also on interim bail in some cases by learned ASJ/CMM. A tabular representation of cases/FIR wherein the petitioner is arrested and admitted on regular bail is given for ready reference at pages No. 23-24 of the paper book.
7. Reference is made to an order dated 21.09.2020 in WP (Civil) No.940/2017 wherein the Hon'ble Supreme Court has directed as follows:-
"XI. I.A. No.77918/2020 and I.A. No.77919/2020 The present applications are filed seeking following reliefs:
"a. Pass an appropriate order and or direction for the Trial Courts below to proceed with trial in accordance with law, without being influenced by the findings and or observations recorded in order of this Hon‟ble Court dated 23.07.2019; and b. Pass an appropriate order/directions in respect with complaint cases mentioned in Annexure (Table)-R/2 annexed herewith for scrutiny of the complainant‟s claim, as complainant in the said cases despite being in receipt of substantial amount against their investment have filed private complaint cases U/s 138 NI Act on the basis of security cheques issued against investment and are further claiming rights in residential units in different projects as home buyers; and c. Grant stay in respect with complaint cases filed under Section 138 NI Act, 1881 as detailed in Annexure (Table)-R/3 & annexure (Table)- R/4 annexed herewith, which were instituted after issuance of „moratorium‟ by NCLT and freezing of bank accounts of 40 Companies of Amrapali Group by this Hon‟ble Court, as Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:13.07.2021 16:55 proceedings under Section 138 of the NI Act could not have been instituted; and d. Allow the present application and direct the Suptd. of Central Jail No.11, Mandoli, Delhi to release the petitioner on furnishing of personal bond along with an undertaking of applicant only in respect with complaint cases filed u/s 138 NI Act in which respondent is lodged in jail pursuant to production warrant issued by Courts as detailed in Annexure -R/6, if detention of respondent is not required in connection with any other case."
Heard Ms. Geeta Luthra, learned Senior Advocate in support of the applications.
We cannot grant the reliefs as prayed for, since the matters are pending consideration before the appropriate Courts/Authorities. All that can be said is that at every stage and at every juncture, the matter shall be considered by the concerned Court/Authority strictly in accordance with law.
8. It is submitted by Mr.Mohit Mathur, learned senior counsel for the petitioner at Bar there is no stay granted by the Hon'ble Supreme Court in respect of hearing of bail applications in matters and in fact the status of various cases given at pages 23-24 of the paperbook would prove his point. He also referred to an order dated 04.06.2021 passed by the predecessor of this Court wherein the petitioner was given liberty to file an application seeking interim bail in case he gets a date of admission for surgery.
9. At this stage, learned APP for the State has referred to his status report, which is not a part of record as yet, wherein he says such date of surgery is in fact obtained by the petitioner on showing the OPD papers and the petitioner has not actually been examined by the concerned doctors.
10. In the circumstances, it would be appropriate if the jail authorities make arrangement to take the petitioner in custody to Max Hospital, Saket so that he may be examined by Manish Aggarwal on 17.07.2021 at Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:13.07.2021 16:55 02.00PM.
11. The petitioner be taken in custody there and after his examination be brought back to the jail. The Investigating Officer be also present at the time of his examination so that he shall file a report immediately thereafter before this Court.
12. List on 20.07.2021.
13. Copy of this order be sent electronically to Jail Superintendent for necessary compliance.
YOGESH KHANNA, J.
JULY 13, 2021 VLD Signature Not Verified Digitally Signed By:VIJAYA LAKSHMI DOBHAL Signing Date:13.07.2021 16:55