Delhi High Court - Orders
Vijay Kumar vs State on 17 March, 2023
Author: Siddharth Mridul
Bench: Siddharth Mridul, Talwant Singh
$~S-26
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 139/2020
VIJAY KUMAR ..... Appellant
Through: Ms. Alka Singh, Advocate.
versus
STATE ..... Respondent
Through: Ms. Shubhi Gupta, APP for the
State along with S.I. Arvind
Kumar Saini, P.S.: Aman Vihar.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 17.03.2023 CRL.M.(BAIL) 348/2023 (for interim bail) The present application under Section 389 of the Code of Criminal Procedure (Cr.P.C.), 1973 read with Section 482 of the Code of Criminal Procedure (Cr.P.C), 1973, has been instituted on behalf of Mr. Vijay Kumar, the appellant, seeking interim suspension of sentence and release on interim bail, on the ground that, Ms. Saloni, the appellant's 12 year- old minor daughter, is to undergo D/F Surgery at the All India Institute of Medical Sciences (AIIMS) on 18.03.2023.
CRL.A. 139/2020 Page 1 of 4Upon verification, a status report dated 15.03.2023, made by SHO, Police Station: Aman Vihar, Delhi, has been filed.
A perusal of the said status report reflects that, Ms. Saloni, the 12 year-old minor daughter of the appellant, is suffering from ear problems and the specialist, Department of ENT, AIIMS, has advised for D/F Surgery scheduled to be performed on 18.03.2023.
It further elaborates that the patient shall be discharged thereafter, in a routine manner.
Ms. Shubhi Gupta, learned APP appearing on behalf of the State, opposes the present application, on the ground that the appellant has been released frequently on similar grounds.
It is pointed out that, surgery qua his wife and daughter, have been scheduled on earlier occasions, when the appellant was enlarged on interim bail on the said grounds but there is nothing on record to show that the surgeries as proposed, were conducted upon them.
In view of the foregoing and in the interest of justice, we consider it appropriate to allow the present application. The sentence awarded to the appellant shall remain suspended for a period of two weeks, from the date of his release and he shall be enlarged on interim bail, subject to the stringent terms and conditions, as follows:-
1. The applicant/appellant shall furnish a personal bond in the sum of Rs.5,000/- (Rupees Five Thousand Only) with one surety in the like amount, to the satisfaction of the Jail Superintendent.CRL.A. 139/2020 Page 2 of 4
2. The applicant/appellant shall provide his mobile telephone number in working condition to the S.H.O. of the concerned Police Station, at the time of his release on bail and shall not change the same, without prior intimation to this Court and also undertakes to keep the same operational, during the period of interim suspension of sentence and release on interim bail.
3. The applicant/appellant shall not leave the territorial jurisdiction of the State of NCT of Delhi, without prior permission of this Court, during the period of interim bail.
4. The applicant/appellant shall place on record a copy of the discharge summary from the All India Institute of Medical Sciences (AIIMS), in respect of his daughter, at the time of surrender.
5. The applicant/appellant shall surrender forthwith, in the event, the aforesaid surgery as proposed, does not take place.
6. Upon expiry of the period of interim suspension of sentence, the applicant/appellant shall surrender before the Jail Superintendent, without demur.
With the above directions, the application is allowed and disposed of.
A copy of this order be communicated to the concerned Jail Superintendent, through electronic mail, for necessary information and compliance.
CRL.A. 139/2020 Page 3 of 4A copy of this order be given dasti to learned counsel appearing on behalf of the parties and also be uploaded on the website of this Court.
SIDDHARTH MRIDUL, J TALWANT SINGH, J MARCH 17, 2023/rs Click here to check corrigendum, if any CRL.A. 139/2020 Page 4 of 4