Delhi High Court
Narender Mann vs State (Govt. Of N.C.T. Of Delhi) on 25 January, 2010
Author: V.B.Gupta
Bench: V.B. Gupta
* HIGH COURT OF DELHI : NEW DELHI
Bail Application. No.2182/2009
% Order reserved on: 15th January, 2010
Order delivered on: 25th January, 2010
Narender Mann
S/o. Shri Mehar Singh,
R/o Village Naya Bans,
Delhi
Through Pariokar
Meher Singh Mann,
R/o Village Naya Bans,
Delhi. ...Petitioner
Through: Mr. K. K. Sud, Sr. Adv. with
Mr. Kunal Malhotra, Adv.
Mr. Sanjiv K. Jha, Counsel for
Complainant.
Versus
State (Govt. of N.C.T. of Delhi) ...Respondent
Through: Mr. Arvind Kumar Gupta,
APP for the State.
Insp. Satish Yadav, SHO Mangol
Puri.
Coram:
HON'BLE MR. JUSTICE V.B. GUPTA
1. Whether the Reporters of local papers may
be allowed to see the judgment? Yes
2. To be referred to Reporter or not? Yes
3. Whether the judgment should be reported
in the Digest? Yes
V.B.Gupta, J.
Bail App. No.2182/2009 Page 1 of 3
This order shall dispose of application filed on behalf of petitioner for grant of interim bail for a period of two months.
2. The grounds taken for interim bail by the petitioner are as under;
(i) Mother of the petitioner aged about 57 years is suffering from various ailments on account of her old age and has become immobilized, due to problem in both knees and she requires immediate surgery for both the knees.
(ii) Certain tests have to be conducted before the surgery and there is nobody to look after the ailing mother of the petitioner in the house, since father of petitioner after his accident has not recovered till today and he himself is under treatment and doctor has advised him bed rest. He is not in a position to render any help or assistance and there is no other male member in the family.
(iii) Till today no prosecution witness has been examined by the prosecution in spite of the repeated opportunities granted by the trial court and the delay in the trial is being caused by the complainant party with some ulterior motive.
(iv) That the petitioner is not previous convict nor any other criminal proceedings are pending against him, as such his antecedents are clean.
Bail App. No.2182/2009 Page 2 of 3
3. On the other hand, State has filed verification report of medical papers. As per this report prescription slip of the father and mother of the petitioner have been verified from the doctor concerned.
4. It is contended by learned counsel for State that no date for surgery has been fixed and as such no ground is made out for grant of interim bail.
5. Petitioner has placed on record the OPD Registration Card dated 12th October, 2009, in respect of Smt. Santosh, his mother. According to this OPD Card, certain investigations were suggested by the concerned doctor and thereafter, date for surgery was to be fixed.
6. There is nothing on record to show that any investigation as suggested by the doctor concerned has been done qua the mother of the petitioner till date. For these investigations, no admission is required in any hospital. These investigations can be done in any pathological lab on the same day. Moreover, no date for surgery has been fixed till date.
7. Under these circumstances, no ground is made for grant of interim bail.
8. Hence, application for interim bail stands dismissed.
25th January, 2010 V.B.Gupta, J.
ab
Bail App. No.2182/2009 Page 3 of 3