Narender Mann vs State (Govt. Of N.C.T. Of Delhi)
2010 Latest Caselaw 416 Del

       *        HIGH COURT OF DELHI : NEW DELHI

                            Bail Application. No.2182/2009

%                        Order reserved on:    15th January, 2010

                         Order delivered on:   25th January, 2010

     Narender Mann
     S/o. Shri Mehar Singh,
     R/o Village Naya Bans,
     Delhi

     Through Pariokar
     Meher Singh Mann,
     R/o Village Naya Bans,
     Delhi.                                                            ...Petitioner

                                Through:       Mr. K. K. Sud, Sr. Adv. with
                                               Mr. Kunal Malhotra, Adv.
                                               Mr. Sanjiv K. Jha, Counsel for
                                               Complainant.

                                Versus

       State (Govt. of N.C.T. of Delhi)                              ...Respondent
                             Through:          Mr. Arvind Kumar Gupta,
                                               APP for the State.
                                               Insp. Satish Yadav, SHO Mangol
                                               Puri.

Coram:
HON'BLE MR. JUSTICE V.B. GUPTA

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

2. To be referred to Reporter or not?                 Yes

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

V.B.Gupta, J.

This order shall dispose of application filed on behalf of petitioner

for grant of interim bail for a period of two months.

2. The grounds taken for interim bail by the petitioner are as under;

(i) Mother of the petitioner aged about 57 years is suffering

from various ailments on account of her old age and has

become immobilized, due to problem in both knees and she

requires immediate surgery for both the knees.

(ii) Certain tests have to be conducted before the surgery and

there is nobody to look after the ailing mother of the

petitioner in the house, since father of petitioner after his

accident has not recovered till today and he himself is

under treatment and doctor has advised him bed rest. He is

not in a position to render any help or assistance and there

is no other male member in the family.

(iii) Till today no prosecution witness has been examined by the

prosecution in spite of the repeated opportunities granted

by the trial court and the delay in the trial is being caused

by the complainant party with some ulterior motive.

(iv) That the petitioner is not previous convict nor any other

criminal proceedings are pending against him, as such his

antecedents are clean.

3. On the other hand, State has filed verification report of medical

papers. As per this report prescription slip of the father and mother of the

petitioner have been verified from the doctor concerned.

4. It is contended by learned counsel for State that no date for surgery

has been fixed and as such no ground is made out for grant of interim bail.

5. Petitioner has placed on record the OPD Registration Card dated

12th October, 2009, in respect of Smt. Santosh, his mother. According to

this OPD Card, certain investigations were suggested by the concerned

doctor and thereafter, date for surgery was to be fixed.

6. There is nothing on record to show that any investigation as

suggested by the doctor concerned has been done qua the mother of the

petitioner till date. For these investigations, no admission is required in

any hospital. These investigations can be done in any pathological lab on

the same day. Moreover, no date for surgery has been fixed till date.

7. Under these circumstances, no ground is made for grant of interim

bail.

8. Hence, application for interim bail stands dismissed.

25th January, 2010                                                V.B.Gupta, J.
ab