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Pritam @ Sonu vs State Nct Of Delhi on 29 April, 2022

Author: Siddharth Mridul

Bench: Siddharth Mridul, Rajnish Bhatnagar

                                                                                 (Via video conferencing)


                            $~S-3
                            *       IN THE HIGH COURT OF DELHI AT NEW DELHI
                            +       CRL.A. 1167/2018
                                    PRITAM @ SONU                                        ..... Appellant
                                                Through:              Mr. Kanhaiya Singhal, Advocate
                                                                      with Ms. Prasanna, Mr. Ajay
                                                                      Kumar and Ms. Heena Tangri,
                                                                      Advocates.    (through      video
                                                                      conferencing)
                                                        versus
                                    STATE NCT OF DELHI                                    ..... Respondent
                                                 Through:             Mr. Ashish Dutta, APP for the
                                                                      State with Inspector Subhash
                                                                      Mishra, P.S.: Sarita Vihar.
                                    CORAM:
                                    HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
                                    HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
                                                        ORDER

% 29.04.2022 CRL.M.(BAIL) 462/2022 (Interim Bail) The present application under Section 389 of the Code of Criminal Procedure, 1973, (Cr.P.C.), read with Section 482 of the Cr.P.C., has been instituted on behalf of the applicant/appellant - Pritam @ Sonu, for seeking interim suspension of sentence and release on interim bail, on the ground of precarious medical condition of his wife, namely, Poonam, as well as his son, namely, Samar, aged about 9 years and daughter, Nitya, aged about one and a half year.

Upon verification, status report dated 25.04.2022, authored by the Inspector Rakesh Kumar Sharma, Station House Officer, P.S.: Sarita Vihar, Delhi, has been filed on behalf of the Delhi Police.

A perusal of the said status report reflects : -

Signing Date:29.04.2022 17:40:27 (Via video conferencing) "3. Now, present applicant has prayed to for the interim suspension of sentence for a period of 60 days on medical ground.

Verification of the documents enclosed with the petition has been done. During verification, clinic of Dr Sunil, Senior Resident, Padiatric Nephrology, Dept of Pediatrics, AIIMS, New Delhi was visited to verify medical documents/report of Master Samar Age 10 Years, where the doctor verified the medical documents of Master Samar enclosed with the petition and stated that "I have seen child (Mr. Samar), l0Y/M on 14/2/22 and during examination & on the basis of history, child need close care and above document is verifled." Copy reply received is enclosed.

4. Orthopedic Deptt of AIIMS was also visited to get the medical paper of Mrs Poonam W/O Pritam @ Sonu which is enclosed with the petition. On submitting a request, it was opined by the doctors of Department of Orthopedics, AIIMS, New Delhi Dr Vivek Shankar, Associate Professor and Dr H L Nag Professor that "(l)As per the records provided, Poonam Age 33 Years was seen in Orthopedics OPD on 12.04.2022. (2) As per the records, patient sustained fracture of head of 1st (L) Proximal phalanx and was advised below knee cast application. The treatment need required Below long last and mobilization for four weeks."

5. Another medical of paper of Mrs Poonam W/O Pritam @ Sonu enclosed with the petition, issued by Holy Family Hospital, New Delhi was also verified by the Dr Sumit Ray, Medical Superintendent, Holy Family Hospital, New Delhi with the reply that "1. Patient name Poonam W/O Pritam, aged 33 years R/O H. No. 584, Chauhan Mohalla, Madanpur Khadar, New Delhi, Mob No. 8700382511, 2. The attached documents of dated 06.04.2022 are genuine and issued by our hospital, 3. Her treatment and nature of disease is documented in attached medical record. She was advised for further follow up with investigation". Copy of screen shots of reply received is enclosed."

Mr. Kanhaiya Singhal, learned counsel appearing on behalf of the applicant/appellant, has also invited our attention to the circumstance that that the latter was released on interim bail by this Court vide order dated 21.11.2019 and is not stated to have misused the liberty granted to him on that occasion.

In view of the foregoing, it is considered eminently desirable that the appellant/applicant be enlarged on interim bail in the interest of the welfare of his immediate family. The present application is, accordingly, Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA CRL.A. 1167/2018 Page 2 of 4 Signing Date:29.04.2022 17:40:27 (Via video conferencing) allowed. The sentence awarded to the applicant/appellant - Pritam @ Sonu, is suspended and the applicant/appellant is directed to be released on interim bail for a period of 60 (sixty) days from the date of his release and he shall be enlarged on interim bail, subject to the following conditions:

a) The applicant/appellant shall furnish a personal bond in the sum of Rs.25,000/- (Rupees Twenty Five Thousand Only) with 01 (one) surety of the like amount to the satisfaction of the learned Trial Court;

b) The applicant/appellant shall not leave the jurisdiction of National Capital Territory of Delhi, during the period of interim suspension of sentence, without permission of this Court;

c) The applicant/appellant shall provide to the concerned S.H.O., P.S.: Sarita Vihar, a cellphone number on which the appellant may be contacted at any time and shall ensure that the number is kept active and switched-on at all times;

d) The applicant/appellant shall report to the S.H.O., PS.:

Sarita Vihar, on every Saturday between 11:00 a.m. and 12:00 'o' noon, to mark his presence. However, he will not be kept waiting for longer than an hour for this purpose; and

(e) The applicant/appellant shall not indulge in any act or omission that is unlawful or that would prejudice the proceedings in the pending matter;

(Via video conferencing)

(f) Upon expiry of the period of interim suspension of sentence, the applicant/appellant shall surrender before the Jail Superintendent.

The application is disposed of accordingly.

A copy of this order be sent to the Jail Superintendent, for compliance, through electronic mail.

A copy of the order be given dasti to the learned counsel appearing on behalf of the parties.

The order be also uploaded on the website of this court forthwith.

SIDDHARTH MRIDUL, J.

RAJNISH BHATNAGAR, J.

APRIL 29, 2022/p Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:KAMAL KANT MENDIRATTA CRL.A. 1167/2018 Page 4 of 4 Signing Date:29.04.2022 17:40:27