Delhi High Court - Orders
Jasbir Arya vs State on 9 May, 2022
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
$~11
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1277/2022
JASBIR ARYA ..... Petitioner
Through: Ms. Dolly Sharma, Advocate
versus
STATE ..... Respondent
Through: Ms. Kusum Dhalla, APP with Insp.
Mohit Yadav, P. S. Dwarka North
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH
ORDER
% 09.05.2022
1. The instant application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 has been filed on behalf of the applicant seeking interim bail for a period of three months in FIR bearing No. 741/2021 registered at Police Station Dwarka (North) for offences punishable under Sections 302/201 of the Indian Penal Code, 1860.
2. Learned counsel appearing on behalf of the applicant submitted that the applicant is in judicial custody since October, 2021 and the trial of the applicant is at the stage of framing of charges.
3. Learned counsel appearing on behalf of the applicant submitted that the applicant has old aged parents, father aged about 75 years and mother aged about 71 years, who are suffering from various serious medical problems and require urgent medical treatment including surgery and Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:09.05.2022 18:14:06 therapies. The father of the applicant has to get admitted on 14th May, 2022 to Human Care Medical Charitable Trust Hospital managed by Manipal Hospital, Sector-6, Dwarka, New Delhi (hereinafter "Manipal Hospital") for Posterior fixation surgery along with decompression therapy for which he has to remain in hospital for at least 15 days as advised by the doctor seeing the serious condition of the father.
4. Learned counsel appearing on behalf of the applicant submitted that the father of the applicant had undergone Prostate Surgery in 2019 and has developed complications now. It is submitted that now the date of surgery is fixed for 14th May, 2022 in Manipal Hospital.
5. Learned counsel appearing on behalf of the applicant submitted that the mother of the applicant has been diagnosed with Endometrial Carcinoma i.e cancer in the uterus and due to excessive bleeding she was admitted to Manipal Hospital on 23rd March, 2022 in emergency and has undergone surgery. The doctor has advised complete bed rest. It is also submitted that initial symptoms have got aggravated due to which cancer has spread in other internal organs of the mother and the doctor has advised 6 cycles of Chemotherapy.
6. It is informed by learned counsel that the brother of the applicant is staying abroad and he is not able to visit India to take care of his old parents. The sister of the applicant is residing in Ludhiana and has a minor child to take care of, therefore, she is not able to visit for the medical assistance of her old parents.
7. Learned counsel appearing on behalf of the applicant submitted that status report filed by the State confirms the facts which have been narrated in the petition. She vehemently prayed that the applicant may be released on Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:09.05.2022 18:14:06 the interim bail on the basis of the above facts and circumstances.
8. Per contra, Ms. Kusum Dhalla, APP for State vehemently opposed the interim bail application but she has fairly conceded the facts which have been contended in the petition. It is submitted that out of 6 cycles of Chemotherapy, 4 cycles of Chemotherapy have already been completed and only two have been left.
9. Learned APP for State further submitted that the applicant is involved in heinous crime, therefore, he is not entitled to be released on bail and the instant application is devoid of any merit and is liable to be dismissed.
10. Heard learned counsel for the parties and perused the record.
11. This Court has perused the contentions made in the petition as well as the status report filed by the State. The applicant has prayed to be released on interim bail on the ground of medical conditions of his parents. The father of the applicant has to undergo Prostate surgery and as per advice of the doctor, date of the surgery is fixed for 14 th May, 2022. The mother of the applicant has been diagnosed with Endometrial Carcinoma i.e cancer in the uterus and the Chemotherapy is going on. The State has filed the status report but not denied the facts which have been stated in the petition. Investigation has been completed and charge sheet has been filed. The trial is at the stage of framing of charges. It is also evident and uncontested that the applicant has clean antecedents.
12. Keeping in view all the facts and circumstances, entirety of the matter and the medical conditions of the parents of applicant mentioned hereinabove, this Court is inclined to grant interim bail to the applicant from the date of his release on his furnishing personal bond in the sum of Rs. 50,000/- with two solvent sureties of the like amount to the satisfaction of Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:09.05.2022 18:14:06 the Jail Superintendent/Court concerned on the following terms and conditions:
(a) he shall under no circumstances leave India without prior permission of the Court concerned;
(b) he shall appear before the Court as and when
required;
(c) he shall not directly or indirectly make any
inducement, threat or promise to any person acquainted with the facts of the case;
(d) he shall provide his mobile number(s) and keep it operational at all times;
(e) he shall drop a PIN on the Google map to ensure that his location is available to the Investigating Officer; and
(f) he shall commit no offence whatsoever during the period he is on interim bail.
13. The applicant is directed to surrender before the Jail Superintendent/Court concerned on or before 15th July, 2022.
14. It is undertaken by the learned counsel appearing on behalf of the applicant that no further extension shall be prayed on similar grounds as mentioned in the instant bail application.
15. Copy of the Order be communicated forthwith to the Jail Superintendent for compliance.
16. The application accordingly stands disposed of.
CHANDRA DHARI SINGH, J MAY 9, 2022 gs/ak Signature Not Verified Digitally Signed By:DAMINI YADAV Signing Date:09.05.2022 18:14:06