Delhi High Court - Orders
Pradeep Alias Deepak Alias Bhatta vs The State ( Nct Of Delhi) on 19 May, 2020
Author: Asha Menon
Bench: Asha Menon
$~VC-5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN.935/2020,Crl.M.A. No.6519/2020
PRADEEP alias DEEPAK alias BHATTA ..... Petitioner
Through: Mr. Rakesh Kumar Giri, Adv.
versus
THE STATE ( NCT OF DELHI) ..... Respondent
Through: Mr. Amit Ahlawat, Additional Public
Prosecutor for the State
CORAM:
HON'BLE MS. JUSTICE ASHA MENON
ORDER
% 19.05.2020 Crl.M.A. No.6519/2020(Exemption from filing certified copies)
1. Exemption allowed, subject to all just exceptions.
2. Application stands disposed of.
Bail Appln. No. 935/2020 (under Section 439 Cr.P.C. read with Sec.37 of NDPS Act for grant of interim bail)
1. By this application filed under Section 439 of Cr.P.C., the applicant/accused seeks interim bail in FIR No. 303/2018, under Section 21/25/61/85 of NDPS Act, Police Station Crime Branch, Delhi for a period of two months on the ground that his wife who was to undergo a surgery could not do so on account of the fact that there is no care-giver.
2. Mr. Amit Ahlawat, learned Additional Public Prosecutor for the State points out that the learned Special Judge/NDPS has rejected an BAIL APPLN. 935/2020 Page 1 application for interim bail on 13.05.2020, observing that the ailment from which the wife of the applicant was suffering, was not of a serious nature and other family members of the applicant could take care of her.
3. Learned Additional Public Prosecutor for the State also draws attention to the Status Report filed before the learned Special Judge/NDPS to submit that the medical documents do not reflect that the lady concerned was the wife of the applicant.
4. Mr. Rakesh Kumar Giri, learned counsel for the applicant, however, submits that even if the medical documents do not record the fact that she is the wife of the applicant, the applicant has other documents to establish the relationship. In the interest of justice, liberty is granted to the applicant to file complete documents to establish the relationship between the parties as spouses. Let the same be filed with advance copy to the learned Additional Public Prosecutor for the State to enable verification of the said documents.
5. List on 27.05.2020 for further consideration.
ASHA MENON, J
MAY 19, 2020
anjali/pkb
BAIL APPLN. 935/2020 Page 2