Delhi High Court - Orders
Md Ruhtaz vs The State Nct Of Delhi on 15 December, 2023
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2758/2023
MD RUHTAZ ..... Applicant
Through: Mr . Jitender Kumar, Advocate
Versus
THE STATE NCT OF DELHI ..... Respondent
Through: Mr. Ajay Vikram Singh, APP for
the State with Insp. Dharmender
Kumar, PS Jahangir Puri
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 15.12.2023
1. This is an application filed by the applicant under Section 439 Cr.P.C. seeking interim bail for a period of 30 days in FIR No.560/2022 dated 17.06.2022 under Sections 302/323/201/34 IPC at Police Station Jahangir Puri, Delhi on the ground that the applicant is suffering from Gall Stone disease and other ailments for which he is undergoing treatment.
2. Vide order dated 30.10.2023, the applicant was granted custody parole for 04.11.2023 for his medical check-up with Doctor Neelesh Dange, Noble Care Super Specialty Hospital & Trauma Centre at Opp. CSD Canteen Jhajjar Road, Bahadurgarh, Haryana-124507, to fix a date of surgery.
3. Pursuant to the order dated 28.11.2023, the Medical Report of the applicant has been received from the concerned Jail Superintendent whereby it is stated that the applicant was examined by Laparoscopic BAIL APPLN. 2758/2023 Page 1 of 4 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 16/12/2023 at 01:25:28 Surgeon Dr. Neelesh Dange, and was advised for Laparoscopic Cholecystectomy and was advised USG whole abdomen, NCCT Head/ MRI Brain, X-ray Abdomen/ KUB and Endoscopy to rule out acid peptic disease/ Gastric ulcer, NCCT-KUB, 2D-Echo. Pursuant thereto, he was declared fit for Laparoscopic Cholecystectomy surgery on 18.11.2023 at DDU Hospital and the tentative date for surgery is 07.02.2024.
4. Learned counsel for the applicant submits that though the surgery has been fixed for 07.02.2024 by the DDU Hospital but the applicant wishes to get the surgery done by Dr. Neelesh Dange at the Noble Care Super Specialty Hospital and Trauma Centre, Jhajjhar Road, Bahadurgarh, Haryana and thus interim bail be granted to the applicant to get the surgery done at the said Hospital.
5. Learned APP for the State submits that since the medical documents have been verified and the same have been found to be genuine, he does not have any objection, if the application is allowed.
6. Accordingly, in view of the submissions made and considering the medical condition of the applicant and the ground on which the interim bail has been sought, the application is allowed and the applicant in FIR No.560/2022 dated 17.06.2022 under Sections 302/323/201/34 IPC at Police Station Jahangir Puri, Delhi, is granted interim bail for a period of two weeks from the date of his release, subject to the applicant furnishing a personal bond in the sum of Rs.20,000/- (Rupees Twenty Thousand Only) with one surety of the like amount from a family member/friend having no criminal record to the satisfaction of the concerned Jail Superintendent, and further subject to the following conditions:-
(i) The applicant shall ordinarily reside at the address as per BAIL APPLN. 2758/2023 Page 2 of 4 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 16/12/2023 at 01:25:28 prison records, an in case of any change in address, shall intimate the same to the concerned IO.
(ii) The applicant shall present himself before the Investigating Officer/S.H.O. P.S. Jahangir Puri every alternate day between 11:00 am and 11:30 am to mark his presence. However, he will not be kept waiting longer than an hour for this purpose.
(iii) The applicant shall furnish to the Investigating Officer/S.H.O. P.S. Jahangir Puri a cell-phone number of any one family member on which the applicant may be contacted at any time and shall ensure that the number is kept active and switched-on at all times.
(iv) In addition to the above, the applicant shall share his real- time/live-location on Google Maps with the Investigating Officer and shall keep that setting 'on' at all times during the period of interim bail, so that the I.O. may be able to verify the applicant's location, at any time.
(v) If the applicant has a passport, he shall surrender the same to the concerned Jail Superintendent and shall in no case travel out of the country without prior permission of this court.
(vi) The applicant shall not contact, nor visit, nor offer any inducement, threat or promise to any of the prosecution witnesses or other persons acquainted with the facts of case. The applicant shall not tamper with evidence nor otherwise indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending trial.
(vii) The applicant shall surrender before the concerned Jail Superintendent by or before 04:00 PM on the date of expiry of two BAIL APPLN. 2758/2023 Page 3 of 4 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 16/12/2023 at 01:25:30 weeks of interim bail from the date of his release.
7. A copy this order be sent to the concerned Jail Superintendent for information and compliance forthwith.
8. The application is accordingly disposed of.
SAURABH BANERJEE, J DECEMBER 15, 2023/rr BAIL APPLN. 2758/2023 Page 4 of 4 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 16/12/2023 at 01:25:31