Delhi High Court - Orders
Faizan vs State on 18 August, 2020
Author: Anu Malhotra
Bench: Anu Malhotra
$~7
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1811/2020
FAIZAN ..... Petitioner
Through: Mr.Raj Kumar Advocate
versus
STATE ..... Respondent
Through: Mr. Kamal Kumar Ghei, APP for
State
CORAM:
HON'BLE MS. JUSTICsE ANU MALHOTRA
ORDER
% 18.08.2020 (Hearing through Video Conferencing) Pursuant to the directions dated 11.8.2020, the State has submitted on record the status report dated 16.8.2020 under the signatures of Inspector Mukesh Walia SHO PS Hazrat Nizamuddin as per which it has been recorded qua the alleged involvement of the petitioner to the effect:
Sl. FIR U/S PS Status of
No. No./year case
1. 1746/2015 356/379/511/34 Seema Puri Pending
IPC Trial
2. 1498/2015 379 IPC Seema Puri Pending
Trial
3. 611/2016 356/379/34 IPC Bhajanpura Released
4. 649/2016 356/379/34 IPC Bhajanpura Released
5. 670/2017 392/34 IPC Bhajanpura Pending
Trial
6. 313/2016 25 Arms Act Gokal Puri Acquitted
7. 215/2017 356/379/34 IPC Vivek Vihar Pending
Trial
8. 620/2017 356/379/34 IPC Bhajan Pura Released
Signature
Not Verified
Digitally Signed
By:SUMIT GHAI
Signing
Date:18.08.2020
19:30:44
This file is
digitally signed by
PS to HMJ ANU
MALHOTRA.
9. 580/2017 356/379/34 IPC Bhajan Pura Released
10. 0656/2017 356/379/34 IPC Bhajan Pura Released
11. 631/2017 356/379/34 IPC Bhajan Pura Released
12. 425/2017 356/379 IPC Bhajan Pura Released
13. 114/2018 356/379/34 IPC Bhajan Pura Released
14. 169/2018 25 Arms Act & Bhajan Pura Pending
102 CrPC Investigation
15. 468/2018 25 Arms Act Gokal Puri Pending
Trial
16 149/2019 186/353/307/34 Hazrat Pending
IPC & 25/27 A Nizamuddin Trial
Act
submitting thus to the effect that the applicant is a habitual offender and regularly involved in the commission of crime and that he is an active BC of the area of Police Station Dayal Pur and has 16 criminal involvements and that taking into account the gravity of the offences, the prayer made by the applicant seeking the grant of the interim bail is opposed. In as much as in view of the list of involvements of the applicant in 8 of the cases as adverted to hereinabove, the applicant has been reported to have been 'Released' and in reply to the specific Court query the learned APP for the State submitted to the effect that that the word " Released" in the status report means that the applicant has been discharged. Thus a submission is made on behalf of the State that the applicant is discharged in 8 cases and has been acquitted in one case and five cases are pending trial and that the Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.08.2020 19:30:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
prayer made by the applicant seeking grant of interim bail is thus opposed on behalf of the State. The submission is thus made on behalf of the applicant that the applicant be released on interim bail. The prayer made in the petition is for the grant of interim bail for a period of 30 days submitting to the effect that the applicant's father is unwell and is unable to perform his daily chores and apart from that the petitioner's mother is aged.
During the pendency of the bail application, the status reports that have been submitted by the State as per which it has been submitted to the effect vide the status report dated 23.7.2020 that the applicant's family did not want the applicant to come and that the father is very happy being taken care of by his daughter Sajida who it is submitted on behalf of the State comes daily to take care of her father. Thus it was considered appropriate vide order dated 4.8.2020 that the father of the applicant as well as the sister of the applicant named Sajida be produced through video conferencing before the Court. On 11.8.2020, the father of the applicant as well as the sister of the applicant were produced through video Conferencing. The father of the applicant Islammudin was seen lying on a bed and stated that that he was in a lot of difficulty and finds it difficult even to go to respond to the nature's call with the assistance of his daughter Sajida and contended that the applicant is the only son to take care of him.
On a consideration of the submissions that have been made on behalf of either side and taking into account the condition of the applicant's father as was submitted through video conferencing, the aspect of involvement of the petitioner and the status report of the State which indicates that he has been discharged in eight cases and acquitted in one case, in the interest of justice, the applicant is allowed to be released on interim bail for a period of Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.08.2020 19:30:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.
10 days on his furnishing a personal bond in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the Trial Court with the directions that:-
• the applicant shall surrender on the 10th day of his release before the Superintendent Jail; • the applicant shall mark his telephonic presence every day to the Investigating Officer of the case by 11:30 a.m. during the period he is on bail;
• the applicant shall keep his mobile phone on at all time and drop a pin on the Google map to ensure that his location is available to the Investigating Officer of the case; • furthermore, the applicant shall make no contact with the prosecution witnesses;
• the applicant shall commit no offence whatsoever and in the event of there being any DD entry or FIR lodged against the applicant, the State shall forthwith bring the same to the notice of the Court.
The application is disposed of.
ANU MALHOTRA, J AUGUST 18, 2020/SV Signature Not Verified Digitally Signed By:SUMIT GHAI Signing Date:18.08.2020 19:30:44 This file is digitally signed by PS to HMJ ANU MALHOTRA.