Satender Pal Singh @ Twinkle vs State (Nct Of Delhi)
2009 Latest Caselaw 3803 Del

*        IN THE HIGH COURT OF DELHI AT NEW DELHI

+      Bail Application No. 1774/2009

%                                   Date of reserve : 14.09.2009
                                    Date of decision: 16.09.2009

       SATENDER PAL SINGH @ TWINKLE ...PETITIONER
                    Through: Mr.K.K.Manan, Mr.S.S.Chauhan
                            And Mr.Naveen Malhotra, Advocates

                                      Versus

       STATE (NCT OF DELHI)                 ...RESPONDENT
                   Through: Mr.Navin Sharma, APP for the State
                           along with SI Rakesh Malik, Special Cell

                                                               FIR NO. 04/2006
                                                         U/S 387/506/34 IPC &
                                                           25/54/59 Arms Act &
                                                      Section 3 & 4 of MCOCA
                                        P.S. Special Cell, Distt. Special Branch

CORAM:
HON'BLE MR. JUSTICE MOOL CHAND GARG

1.     Whether the Reporters of local papers
       may be allowed to see the judgment?

2.     To be referred to Reporter or not?

3.     Whether the judgment should be
       reported in the Digest?

MOOL CHAND GARG, J.

1. This order shall dispose of the petition filed by the petitioner seeking

interim bail for a period of two months in case FIR No. 04/2006 under

Section 387/506/34 IPC, 25/54/59 Arms Act and Section 3 & 4 of the

MCOCA, 1999 pending in the court of Additional Sessions Judge, Delhi on

the ground that the mother of the petitioner, namely, Mrs.Hardarshan Kaur,

aged about 78 years had suddenly developed heart problems (CAD Coronary

Artery disease, CKD Chronic Kidney disease and DM Diabetic Mellitus)

and was immediately taken to Sri Balaji Action Medical Institute, Paschim

Vihar, New Delhi in a critical condition on 6.9.2009 in Emergency Ward

and has been admitted there vide IP No : 30468. She was diagnosed by the

doctors of the Cardiology Department with CAD with double vessel disease.

2. It is submitted on behalf of the petitioner that the petitioner is in

custody for a period of more than three and a half years and that the

condition of the mother of the petitioner is precarious and at this crucial

juncture, the presence of the petitioner is essential.

3. The present petition has been opposed by the Additional Public

Prosecutor on the ground that the petitioner is involved in a number of cases,

including MCOCA and that he has been taking bail on one ground or the

other and in fact is in bail right from 31.5.2007. Even with respect to the

treatment of his mother, Mrs. Hardarshan Kaur the bail was granted to the

petitioner for the period commencing from 24.1.2009 to 3.2.2009. It has

been stated that virtually from 31.5.2007 the petitioner had been availing

interim bail and there is a possibility of misusing the interim bail by him. It

has been further stated that no procedure/treatment of CAG/PTCA of his

mother was got done earlier. It has also been submitted that there are other

members in his family such as his wife, his elder brother, his nephews, two

brothers-in-law, sister, his other relatives and servants to look after his wife

and as such there is no emergency of his coming out on interim bail. It has

also been submitted that the petitioner is involved in public act of gambling

and is one of the organizers of such activity.

4. Directions were given to both the parties to place on record the

number of cases which were pending against the petitioner. An affidavit has

been filed on behalf of the petitioner through his wife which goes to show

that the petitioner stands acquitted in case FIR No. 545/1998 under Section

121/121A/122I/23/120B ICP registered at Police Station Punjabi Bagh. The

judgment of acquittal has also been placed on record by the learned

Additional Public Prosecutor. The two other cases bearing FIR No. 83/2004

under Section 186/353/34 IPC and 25/27 of the Arms Act registered at

Police Station Hari Nagar and FIR No. 113/2004 under Sections 3, 4 and 5

of the Delhi Public Gambling Act, 1955 registered at Police Station Special

Cell, NDR and the present case in which MCOCA Act has been invoked are

pending trial.

5. The petitioner is in jail for a period of three and a half years. No

doubt, he has been granted interim bail on various occasions. The certificate

placed on record from the medical institute which has been verified even by

the prosecution and taking into consideration the cases which are now

pending against the petitioner, I am of the view that there will be no harm if

the petitioner is granted 10 days interim bail for enabling him to take care of

his aged mother. Accordingly, the petitioner in this case is directed to be

released on interim bail for a period of 10 days from the date of his release

on his furnishing bail bond in the sum of Rs.50,000/- (rupees fifty thousand

only) with one surety of the like amount to the satisfaction of the trial court

subject to the condition that he would cooperate with the prosecution in all

pending matters and would not misuse the liberty of bail granted to him and

would not in any manner try to influence any of the witnesses or would not

indulge in any other criminal activity and would not leave the jurisdiction of

Delhi. The petitioner shall surrender on the expiry of the period of interim

bail and would not ask for any extention of interim bail. This order shall be

operative only if the bail bond is presented within one from week from

today.

6. The petition stands disposed of.

7. A copy of this order be given dasti to counsel for the petitioner.

MOOL CHAND GARG, J.

SEPTEMBER 16, 2009 dc