Delhi High Court - Orders
Gurpreet Singh Anand @ Vinny vs The State, Govt. Of Nct Of Delhi on 30 December, 2023
Author: Neena Bansal Krishna
Bench: Neena Bansal Krishna
$~2
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 4373/2023
GURPREET SINGH ANAND @ VINNY ..... Petitioner
Through: Ms. Meena Chaudhary Sharma & Mr.
Saurabh Goel, Advocates.
versus
THE STATE, GOVT. OF NCT OF DELHI ..... Respondent
Through: Mr. Laksh Khanna, APP for State.
S.I. Amit Kumar, IFSO/Spl.Cell.
CORAM:
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
ORDER
% 30.12.2023 CRL.M.A. 35777/2023 (Exemption)
1. Allowed, subject to all just exceptions.
2. The application is disposed of.
BAIL APPLN. 4373/20233. The present Bail Application under Section 439 of the Code of Criminal Procedure, 1973 has been filed on behalf of the petitioner seeking grant of interim bail for two months on the medical ground of his wife who has to undergo a surgery for multiple infected cist in FIR No. 14/2022 registered under Sections 406/467/468/471/420/120B of the Indian Penal Code, 1860 at Police Station Special.
4. Mr. Laksh Khanna, learned Additional Public Prosecutor for the State, has taken an objection that the present bail application is not an application for extension of interim bail, but a fresh bail application for interim bail and 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 30/12/2023 at 21:48:35 the same has been directly filed before this Court before first approaching the Trial Court.
5. It is also submitted that the first interim bail application on medical ground had been declined by the learned Trial Court and also the regular bail application of the petitioner on aforesaid medical ground has also been dismissed by the Trial Court on 23.12.2023.
6. Therefore, it is submitted that the present application cannot be entertained by this Court in the first instance.
7. Learned counsel on behalf of the petitioner submits that there is every likelihood of the interim bail application not being considered favourably by the Trial Court and there may also be some delay in consideration of the same.
8. It is submitted that an emergent situation has arisen as the petitioner, being the only member in the family alone is available to be present for the aforementioned surgery of his wife which has been scheduled for 03.01.2024.
9. After some arguments, learned counsel for the petitioner seeks leave to withdraw the present bail application with liberty to file the same before the learned Trial Court.
10. She, however, submits that the directions may be given to Trial Court to hear the bail application that may be filed before it at the earliest, considering the surgery of the petitioner's wife which is scheduled on 03.01.2024.
11. In view of the submissions made, the petitioner is permitted to withdraw the present bail application with liberty to file the same before the Trial Court.
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 30/12/2023 at 21:48:35
12. In the interim, the Investigating Officer, who is present in the Court, is directed to verify the medical records of the wife of the petitioner and submit a report thereof before the Trial Court at the time of hearing of the bail application of the petitioner.
13. Accordingly, the present application is dismissed as withdrawn with liberty as prayed for.
14. Order dasti under the signature of Court Master.
NEENA BANSAL KRISHNA (VACATION JUDGE) DECEMBER 30, 2023 S.Sharma 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 30/12/2023 at 21:48:35