Delhi High Court - Orders
Hasinuddin @ Hasin vs State Nct Of Delhi on 22 July, 2020
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
$~9
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1621/2020
HASINUDDIN @ HASIN ..... Petitioner
Through: Mohammad Ali and Mohd. Nadeem,
Advocates.
Versus
STATE NCT OF DELHI ..... Respondent
Through: Ms. Radhika Kolluru, APP for State.
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
(VIA VIDEO CONFERENCING)
ORDER
% 22.07.2020
1. On the last date of hearing, learned counsel for the petitioner orally prayed that although the present application has been filed seeking interim bail in FIR No. 273/2010 under Sections 302/363/364/120B/34 IPC registered at P.S. Gokul Puri, his application may also be considered on merits. Accordingly, notice was issued and the Status Report as well as the Nominal Roll of the petitioner was called.
2. Today, Ms. Radhika Kolluru, learned APP for the State submits that before advancing arguments on merits, TCR would be required as she needs to refer the statements of the witnesses.
BAIL APPLN. 1621/2020 Page 1 of 43. At this stage, Mr. Mohammad Ali, learned counsel for the petitioner submits that in the meanwhile, his application may be considered for interim bail.
4. Learned counsel for the petitioner submits that the petitioner has been in continuous custody for almost 10 years and has not been found involved in any other case and as such falls under the guidelines dated 18.05.2020 issued by the High-Powered Committee.
5. The Nominal Roll as well as the Status Report have been placed on record. As per the Nominal Roll, the petitioner has already undergone sentence for a period of 9 years, 10 months and 24 days as on 18.07.2020. His jail conduct is found satisfactory and he is stated to be not involved in any other case. As per the Status Report filed on behalf of the State, it has been stated that the petitioner is not involved in any other case.
6. Learned counsel for the petitioner submits that the present interim bail application has also been filed on the ground that the petitioner's father is suffering from heart ailments therefore, presence of the petitioner is required to look after him. The medical documents in this regard are stated to be verified although, it is stated that there are other persons in the family to look after the petitioner's father. Learned counsel further states that in case the interim bail of the petitioner is considered, the petitioner will stay at his native place i.e. Village-Bilna, P.S. & Tehsil - Naugawan Sadat, District Amroha, Uttar Pradesh-244251 and will be available at his mobile numbers i.e. 9756552632 & 9211641134, which he will keep operational during the period of his release.
7. In view of the fact that the petitioner has been in custody since 25.08.2010 and the fact that he is not involved in any other case and his jail BAIL APPLN. 1621/2020 Page 2 of 4 conduct is also found to be satisfactory, the petitioner is admitted to interim bail for a period of 45 days from the date of his release, subject to his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Jail Superintendent/Duty M.M. and subject to further following conditions :-
1. The petitioner shall remain available on his mobile phone numbers i.e. 9756552632 & 9211641134, which he undertakes to keep operational during the period of his interim bail.
2. The petitioner shall stay at his native place i.e. Village-
Bilna, P.S. & Tehsil - Naugawan Sadat, District Amroha, Uttar Pradesh-244251 during the period of his interim bail.
3. The petitioner shall remain in touch with ACP Arvind Kumar, Crime Branch SOS-1, Prashant Vihar, Delhi on his mobile phone number 9999004999 on every Monday and Friday during the period of his interim bail.
4. The petitioner shall also mark his presence before the SHO/P.S. Naugawan Sadat, District Amroha, Uttar Pradesh telephonically on every Monday and Friday during the period of his interim bail period.
5. The petitioner shall not try to get in touch with any of the prosecution witness or tamper with the evidence.
6. The petitioner shall surrender before the concerned Jail Superintendent after expiry of the interim bail period.
8. List on 25.08.2020 for arguments on merits.
9. In the meantime, a digitised copy of the LCR be requisitioned before the next date.
BAIL APPLN. 1621/2020 Page 3 of 410. A copy of this order be communicated electronically to the concerned Jail Superintendent as well as SHO, P.S. Naugawan Sadat, District Amroha, Uttar Pradesh.
MANOJ KUMAR OHRI, J JULY 22, 2020 ga BAIL APPLN. 1621/2020 Page 4 of 4