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Delhi High Court - Orders

Smt Mithlesh vs State (Nct Of Delhi) on 12 December, 2024

Author: Prathiba M. Singh

Bench: Prathiba M. Singh, Amit Sharma

                                          $~59
                                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                          +                       CRL.A. 225/2022 & CRL.M.(BAIL) 1958/2024
                                                      SMT MITHLESH                                                                .....Appellant
                                                                                         Through:                Mr. Ajay Verma with Mr. S S Tomar
                                                                                                                 Advocates. (M- 9811098069)
                                                                    versus
                                                      STATE (NCT OF DELHI)                                                         .....Respondent
                                                                    Through:                                     Mr. Ritesh Kumar Bahri, APP with
                                                                                                                 Ms. Divya Yadav & Mr. Lalit Luthra,
                                                                                                                 Advs. with SI Suresh, PS Usmanpur.
                                                                                                                 Mr Harsh Prabhakar, Amicus Curiae ,
                                                                                                                 Mr Dhruv Chaudhry, Adv , Mr Adeeb
                                                                                                                 Ahmad , Adv and Ms Eshita Pallavi ,
                                                                                                                 Adv. for Victim.
                                                      CORAM:
                                                      JUSTICE PRATHIBA M. SINGH
                                                      JUSTICE AMIT SHARMA
                                                               ORDER

% 12.12.2024

1. This hearing has been done through hybrid mode. CRL.M.(BAIL) 1958/2024

2. The present application has been filed by the Appellant/Applicant under Section 430 read with Section 528 of BNSS seeking extension of interim bail for a further period of three months granted by this Court vide order dated 29th August, 2024 on the ground of that the Appellant is suffering from various ailments including systemic hypertension/Osteoarthritis, immature Senile Cataract, bed sore right-side ischium, Bronchial Asthma and that she requires a knee surgery and a cataract surgery.

3. Pursuant to directions in order dated 27th November, 2024 the medical documents of the Appellant/Applicant have been verified. Insofar as knee 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 12/12/2024 at 22:52:33 surgery is concerned, the date is yet to be fixed as the ld. Counsel for the Appellant/Applicant submits that they are arranging for funds. Insofar as cataract surgery is concerned, it is stated to be fixed for 21st December, 2024.

4. In view thereof, the bail is extended on the same terms and conditions as imposed vide order dated 29th August, 2024 till the next date of hearing i.e., 22nd January, 2025 only. The conditions read as under:

"i. The Appellant/Applicant shall not leave the country without prior permission of this Court;
ii. The Appellant/Applicant shall intimate this Court by way of an affidavit as also the Investigating Officer regarding any change in the residential address;
iii. The Appellant/Applicant shall appear before this Court as and when the matter is taken up for hearing;
iv. The Appellant/Applicant shall provide her mobile number to the Investigating Officer and intimate about any change; v. The Appellant//Applicant is directed to surrender before the jail authorities after the expiry of interim bail."

5. It is made clear that no further extension shall be granted.

6. The application is partly allowed and disposed of accordingly.

7. Order be uploaded on the website of this Court forthwith.

8. Copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.

CRL.A. 225/2022

9. List on 22nd January, 2025.

PRATHIBA M. SINGH, J.

AMIT SHARMA, J.

DECEMBER 12, 2024/Rahul/Am/pr 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 12/12/2024 at 22:52:33