Delhi High Court - Orders
Sabir @ Popa @ Nabbir vs State, Nct Of Delhi on 21 July, 2022
$~37
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2127/2022
SABIR @ POPA @ NABBIR ..... Petitioner
Through: Mr. Hemant Gulati, Adv.
versus
STATE, NCT OF DELHI ..... Respondent
Through: Ms. Priyanka Dalal, APP for State
Ins. Rizwan Khan, PS Seelampur.
CORAM:
HON'BLE MS. JUSTICE POONAM A. BAMBA
ORDER
% 21.07.2022
1.0 This is an application for interim bail u/s 439 Cr.P.C read with
Section 21(4) of MCOCA, filed on behalf of the the petitioner Sabir @ Popa @ Nabbir for grant of interim bail through his parokar/wife Zubeda Begum in case FIR No. 592/15, dated 14.08.2015, Under Sections 3(1), 3 (4), 3(5)/4 MCOCA r/w Section 174A IPC, PS Seelampur.
1.1. Interim bail has been sought on the ground that the petitioner/accused's wife Smt. Zubeda Begum has been diagnosed with fibrosis in uterus along with intermittent bleeding and abdominal pain in the month of April 2022 ; though, she was getting the conservative treatment, her condition has not been improved and therefore, she wants to go in for surgery. In support, a copy of the medical record of Maharaja Agarsen Hospital, West Punjabi Bagh, has been placed on record as Annexure P-5.
Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:30.07.2022 Bail Application no. 2127/2022 Page 1 of 4 15:35:392.0. This application is strongly opposed by the ld. Prosecutor submitting that the petitioner is a desperate criminal and is charged under The Maharashtra Control of Organised Crime Act, 1999, (MCOCA) and is also involved in many cases of hurt, robbery, extortion, attempt to murder and Arms Act ; he is an active member of Irfan @ Chhainu Gang and is involved in about 14 cases for similar offences and other heinous crime. Details of such cases are given in the status report.
2.1. Ld. Prosecutor submits that the medical documents of Maharaja Agarsen Hospital filed by the petitioner regarding his wife's illness, were got verified and vide report dated 19.07.2022 received on 20.07.2022, Dr. Seema Bhardwaj of Maharaja Agarsain Hospital, West Punjabi Bagh, New Delhi, has reported that "Patient can be treated with medicines and no emergency for surgery at present".
2.2. Ld. Prosecutor also points out that while seeking interim on the same ground before the ld. ASJ-01, North-East District, Karkardooma Courts, Delhi, the petitioner had mentioned about treatment of his wife being taken at Sant Parmanand Hospital and he had filed the medical record of said hospital. Same is borne out from the Record.
2.4. Status report filed by State also mentions that on 16.04.2021, other syndicate members of the aforesaid gang were granted two hours parole from 6.00 pm to 8.00 pm to attend the burial ceremony of demised mother of accused Afsar in Kabristan Welcome. When they were brought to the Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:30.07.2022 Bail Application no. 2127/2022 Page 2 of 4 15:35:39 Kabristan, at about 7.30 pm, one suspicious person was spotted and apprehended, who was indentified as Salman S/o Mirajuddin (real brother of King Pin Irfan @ Chhainu) ; and one 9 MM Zigana Pistol with 12 live catridges were recovered from his possession, on which an FIR no. 211/2021 u/s 25/54/59 Arms Act was registered at PS Welcome Delhi and accused Salman was arrested. Ld. prosecutor states that petitioner/accused may get involved in other offences, if released on bail.
2.5. Ld. Prosecutor on instructions from the IO, further submits that even there are other members in the family i.e. father and brother of the petitioner, to look after the petitioner's wife.
3.0. In rebuttal, ld. counsel for the petitioner, with respect to change in the hospital, submits that now the petitioner's wife intends to take further treatment/undergo surgery at Maharaja Agarsen Hosptial, West Punjabi Bagh, which is a better hospital.
3.1. Ld. counsel for the petitioner also submits that even earlier, the petitioner was admitted to interim bail on the medical ground/surgery of his wife, by this court vide order dated 03.12.2019 and he had surrendered in time and had not misused the liberty of bail.
4.0. Ld. prosecutor submits that order dated 03.12.2019 referred to by ld. counsel for the petitioner granting him interim bail, was on a very different footing. At that time, wife of the petitioner was suffering from acute back pain and was advised for surgery for Prolapsed Intra Vertebra Disc (PIVD).
Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:30.07.2022 Bail Application no. 2127/2022 Page 3 of 4 15:35:39Whereas in the instant case, the doctor has categorically mentioned that patient can be treated with medicines and there is no emergency for surgery, which is borne out from the record.
5.0. The petitioner has sought interim bail on the ground that his wife has been scheduled for hysterectomy on 25.07.2022 and presence of the petitioner/husband is required for the same. As per the medical record (typed copy) filed by the petitioner himself, his wife is advised, "D&C + hysteroscopy on 25.07.2022" and not hysterectomy. Further, the status report dated 19.07.2022 filed by the State, mentions that Dr. Seema Bhardwaj of Maharaja Agarsain Hospital, West Punjabi Bagh, New Delhi, has opined that "Patient can be treated with medicines and no emergency for surgery at present". Doctor's said report is annexed in original with said status report.
6.0. In view of the above facts and circumstances and considering the doctor's report annexed with the status report, there is no emergent situation for the petitioner's wife undergoing surgery. Thus, the very ground, on which, the petitioner is seeking bail, does not exist. Thus, no ground for interim bail is made out.
7.0 The bail application is accordingly, dismissed.
POONAM A. BAMBA, J JULY 21, 2022/chandan Signature Not Verified Digitally Signed By:GEETA JOSHI Signing Date:30.07.2022 Bail Application no. 2127/2022 Page 4 of 4 15:35:39