Delhi High Court - Orders
Shamshad Ali vs State (Nct Of Govt. Of Delhi) on 24 March, 2022
Author: Prateek Jalan
Bench: Prateek Jalan
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 853/2022
SHAMSHAD ALI ..... Petitioner
Through: Mr. Kapil Singhal, Advocate.
versus
STATE (NCT OF GOVT. OF DELHI) ..... Respondent
Through: Mr. Amit Chadha, APP for the
State with SI Ashwani Kumar, PS-
Jagatpuri.
CORAM:
HON'BLE MR. JUSTICE PRATEEK JALAN
ORDER
% 24.03.2022 The proceedings in the matter have been conducted through hybrid mode [physical and virtual hearing].
1. By way of this application under Section 439 of the Code of Criminal Procedure, 1973 ["CrPC"], the petitioner seeks interim bail in connection with FIR No. 0110/2018, dated 16.05.2018, registered at Police Station- Jagat Puri, under Sections 302/307/452/34 of the Indian Penal Code, 1860 ["IPC"].
2. The applicant contends that the marriage of his daughter, Rukaiyya is scheduled on 31.03.2022. Mr. Kapil Singhal, learned counsel for the applicant, submits that another daughter of the petitioner namely Sumaya got married on 28.05.2021, for which purpose the petitioner was enlarged on interim bail for a period of six days vide an order of this Court dated Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:24.03.2022 21:31:14 BAIL APPLN. 853/2022 Page 1 of 3 25.05.2021 in Bail Appl. No. 1643/2021. Mr. Singhal states that the applicant duly surrendered upon expiry of the period of interim bail.
3. The order dated 25.05.2021 reads as follows:-
"1. This is a petition filed by the petitioner under Section 439 read with Section 482 Cr.P.C seeking interim bail in case FIR No. 110/2018 under Sections 302/307/34 IPC registered at Police Station Jagat Puri, Delhi.
2. The petitioner is seeking interim bail for a period of two weeks on the ground that his daughter is going to be married on 28.5.2021. The factum of marriage has been verified by the IO.
3. In these circumstances, petitioner, who is the father of the bride, is admitted to interim bail for a period of six days w.e.f. 26.5.2021 till 31.5.2021, on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount subject to the satisfaction of concerned Jail Superintendent/trial court concerned. The petitioner shall not communicate with, or come into contact with any of the prosecution witnesses, or any member of the victim's family, or tamper with the evidence of the case.
4. The petitioner shall surrender before the concerned Jail Superintendent after the expiry of the period of his interim bail and shall handover the marriage photographs of his daughter to the concerned Jail Superintendent.
5. Copy of this order be transmitted to the concerned Jail Superintendent through electronic mode.
6. The application stands disposed of in the aforesaid terms. "
4. The Status Report has been filed, however the same is not on record. Mr. Amit Chadha, learned Additional Public Prosecutor for the State, has handed over a copy of the Status Report to the Court which is taken on record. The Status Report inter alia verifies the petitioner's place of residence, as also the factum that the marriage of his daughter Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:24.03.2022 21:31:14 BAIL APPLN. 853/2022 Page 2 of 3 Rukaiyya is now scheduled for 31.03.2022. Although, no venue has been booked for the marriage, the statement of the petitioner's family and the neighbours have been recorded by the Investigating Officer ["IO"], which confirm that the wedding is to take place at the applicant's house, and in a nearby Madrasa.
5. The Status Report also confirms the applicant's contention regarding the interim bail granted to him earlier and his surrender in time.
6. In view of the circumstances, the petitioner, being the father of the bride, is admitted to interim bail for a period of one week from 28.03.2022, subject to furnishing a personal bond in the sum of ₹ 50,000/- with one surety of a blood relative in the like amount, subject to the satisfaction of the concerned Jail Superintendent or the Trial Court.
7. The petitioner shall not communicate with or try to contact any of the prosecution witnesses, or members of the victim's family or tamper with the evidence. He is directed to surrender before the concerned Jail Superintendent on the expiry of period of interim bail granted hereunder, and hand over the photographs of the marriage of his daughter to the concerned Jail Superintendent, as directed in the order dated 25.05.2021 also.
8. A copy of this order be transmitted to the concerned Jail Superintendent forthwith.
9. A copy of this order be given dasti.
PRATEEK JALAN, J MARCH 24, 2022 'Bp'/ Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:SHITU NAGPAL Signing Date:24.03.2022 21:31:14 BAIL APPLN. 853/2022 Page 3 of 3