Delhi High Court - Orders
Ravi Dhaiya@Lamba vs State (Nct Of Delhi) on 12 September, 2023
Author: Tushar Rao Gedela
Bench: Tushar Rao Gedela
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2323/2023
RAVI DHAIYA@LAMBA ..... Petitioner
Through: Mr. Ujjawal Puri, Mr. Abhay Kumar
and Mr. Sonam Dixit, Advocates
versus
STATE (NCT OF DELHI) ..... Respondent
Through: Mr. Shoaib Haider, APP for State
with Insp. Mandeep/NR/Special Cell,
Rohini
CORAM:
HON'BLE MR. JUSTICE TUSHAR RAO GEDELA
ORDER
% 12.09.2023 [The proceeding has been conducted through Hybrid mode]
1. This is an application under Section 439 Cr.P.C. r/w Section 482 Cr.P.C., 1973 seeking interim bail on medical grounds of the mother of the applicant.
2. The applicant is stated to be in judicial custody since 20.04.2015 in FIR No.63/2014 dated 26.12.2014 under Section 3/4 of MCOC Act, registered with Police Station Special Cell.
3. Learned counsel appearing for the applicant submits that the medical documents relating to the mother of the applicant has been placed on record.
4. Learned counsel appearing for the applicant submits that the mother of the applicant has to undergo Hysteroscopy with BAIL APPLN. 2323/2023 Page 1 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 18:43:40 Endometrial biopsy of the uterus on 15.09.2023 and thus requests that the applicant be enlarged on interim bail so as to ensure that the said operation of the mother is conducted successfully.
5. Learned counsel appearing for the applicant submits that there is nobody else in the immediate family to take care of the mother and he is the only male family member as his brother and father are no more
6. It is also undertaken by the pairokar of the applicant that the surgery of the mother of the applicant would be conducted at Chawla Nursing Home, J-150A, Rajouri Garden, New Delhi-110027.
7. Mr. Haider, learned APP submits that as per the status report, the medical documents have been verified and it is found correct that the mother of the applicant has been suffering from bleeding / Vagina for 1½ years following menopause for four years with anemia. In fact, according to the status report, the mother of the applicant is to undergo Hysteroscopy and Endometrial biopsy on 15.09.2023 to rule out any cancer in the uterus.
8. Learned APP submits that the aforesaid recommendation of the hospital does not appear to be of a nature which will require admission for a long time.
9. Learned APP also submits that the applicant has many previous involvements and is part of a notorious gang out of which, one accused gang member was also involved in the murder of the Tillu Tajpuriya in the jail.
10. Mr.Haider, learned APP also submits that the applicant is an ordinary resident of Sonipat, Haryana.
BAIL APPLN. 2323/2023 Page 2 of 4This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 18:43:40
11. Learned APP submits that the consequence of the applicant being released on bail could endanger the life of not only the applicant, but also the rival gang members.
12. It is not disputed that apart from the applicant, there is no other male member in the family, who can attend to the medical needs of the mother regarding the impending surgery.
13. After having considered the submissions of learned counsel appearing for the applicant as also learned APP and considering the opinion rendered by the Chawla Nursing Home, J-150A, Rajouri Garden, New Delhi-110027 whose medical prescriptions are placed on record, this Court is of the considered opinion that the applicant can be released on interim bail for a short period to ensure that the said Hysteroscopy along with Endometrial biopsy of the uterus of the mother of the applicant can be successfully carried out.
14. Accordingly, the applicant shall be released for a period of ten days from the date of release upon furnishing a personal bond of Rs. 1,00,000/- with one surety of the like amount of a family member to the satisfaction of the learned Trial Court, subject to the following conditions :-
a) He shall surrender his passport, if any, to the Court concerned;
b) That in no case the applicant shall leave the territorial jurisdiction of Delhi and shall keep the IO updated about his movements and progress of the operation twice a day once at 10:00 am in the morning and 07:00 pm in the evening.
c) The details of his address shall be shared only with the BAIL APPLN. 2323/2023 Page 3 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 18:43:40 IO who shall also not disclose the same to anyone else.
d) He shall provide his mobile number(s) to the Investigating Officer and keep it operational and on his person at all times;
e) He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever;
f) He shall surrender immediately on the lapse of the tenth day to the Jail Superintendent
g) He shall drop a PIN on the Google map to ensure that his location is available to the Investigating Officer; and
15. Any infraction in the conditions placed aforesaid, the interim bail will be likely to be revoked.
16. Nothing in this Order shall be construed as an expression of opinion on the merits of the pending matter.
17. In view of the above directions, the application stands disposed of.
18. Dasti.
19. A copy of the order be sent to the Jail Superintendent forthwith.
TUSHAR RAO GEDELA, J SEPTEMBER 12, 2023/ms BAIL APPLN. 2323/2023 Page 4 of 4 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 18:43:40