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Kawaljit Kaur @ Sonia vs State Of Nct Of Delhi
2011 Latest Caselaw 4239 Del

Citation : 2011 Latest Caselaw 4239 Del
Judgement Date : 30 August, 2011

Delhi High Court
Kawaljit Kaur @ Sonia vs State Of Nct Of Delhi on 30 August, 2011
Author: V.K.Shali
*             IN THE HIGH COURT OF DELHI AT NEW DELHI

+                     BAIL APPLICATION NO.645/2011
                      BAIL APPLICATION NO.694/2011

                                       Date of Decision : 30.08.2011

BAIL APPLICATION NO.645/2011

KAWALJIT KAUR @ SONIA              ...... Petitioner
                    Through: Mr. D.Ohlan, Adv.

                                     Versus

STATE OF NCT OF DELHI                          ......     Respondent
                                     Through: Mr.Naveen Sharma, APP

BAIL APPLICATION NO.694/2011


KAWALJIT KAUR @ SONIA              ...... Petitioner
                    Through: Mr. D.Ohlan, Adv.

                                     Versus

STATE OF NCT OF DELHI                          ......     Respondent
                                     Through: Mr.Naveen Sharma, APP

CORAM :
HON'BLE MR. JUSTICE V.K. SHALI

1.     Whether Reporters of local papers may be
       allowed to see the judgment ?
2.     To be referred to the Reporter or not ?
3.     Whether the judgment should be reported
       in the Digest ?




Bail Appl. Nos.645/2011 & 694/2011                     Page 1 of 5
 V.K. SHALI, J.(Oral)

Crl.M.B.No.886/2011 in Bail Appl. No.694/2011
Crl.M.B.No.882/2011 in Bail Appl.No.645/2011


1.     These are two bail applications filed by the petitioner on

       the ground that the petitioner has a daughter aged

       around 9 years and that she is suffering from an

       ailment/mental disorder.      The petitioner's daughter is

       presently being looked after by an Orphanage i.e.

       Cornerstone Church, J-15 Basement, Vikas Puri, New

       Delhi.

2.     It has been alleged that the Orphanage is not sending

       the daughter of the petitioner to school and therefore,

       she would like her daughter to be admitted in some

       school if she is granted interim bail.

3.     The petitioner has also stated that her daughter is

       suffering from a mental ailment and is undergoing

       treatment to get it cured.

4.     Status report has been filed. SI Rajesh Verma was sent

       to verify the facts mentioned in the bail applications of



Bail Appl. Nos.645/2011 & 694/2011                 Page 2 of 5
        the petitioner.        No relative of the petitioner was found

       residing at the given address i.e. H.No.WZ-67A, Old

       Shahpuira, Tilak Nagar, Delhi.                 On further inquiries, it

       has     transpired       that    the    father       of   the     petitioner

       Sh.Surinder Singh is living at H.No.326, Street-19, Sant

       Garh, Tilak Nagar, Delhi who has stated that after the

       arrest     of    his   daughter/the           petitioner,    he    got    his

       granddaughter i.e. Parampreet admitted in a Life Center

       Academy School and put her in Suraksha Hostel. He has

       denied that his grand daughter is suffering from any

       ailment till the time she was admitted to the school.

5.     This     fact    was     also    verified       by    Ms.Vinita       Bhalla,

       Principal/Director        of    the    Life    Center       Academy       and

       Suraksha Girls Home, Satya Niketan, Moti Bagh, New

       Delhi that Parampreet was a student of their school from

       23.1.2010 till 15.3.2010. She has also stated that at the

       time of joining the school, the student was medically fit.

6.     So far as the medical record of the petitioner's daughter

       is concerned, there is an OPD card bearing No.33284/11



Bail Appl. Nos.645/2011 & 694/2011                                 Page 3 of 5
        dated 24.4.2011 issued by the name of Parampreet

       prepared by BSA Hospital, Rohini, Delhi where she is

       undergoing         treatment     from   Dr.Satya     Dev      Dahiya

       although       the     CT     imaging   does   not     reveal      any

       abnormality.

7.     I have heard the learned counsel for the petitioner and

       perused the record.

8.     So far as the discontinuation of the studies of the

       petitioner's daughter is concerned, the same has been

       done more than a year and a half ago, therefore, it

       cannot be said that this ground of discontinuation of

       studies has arisen now. Hence, there is no ground for the

       extension of benefit of interim bail to the petitioner

       immediately.

9.     Further, the daughter of the petitioner is also not

       suffering from any ailment which would necessitate

       immediate attention by the present petitioner.                On the

       contrary, it has come in the report that the petitioner's

       father is there to look after his granddaughter.



Bail Appl. Nos.645/2011 & 694/2011                          Page 4 of 5
 10.    It has also been by learned APP that before this also she

       has been repeatedly availing of this benefit at a regular

       interval on the ground of her daughter.          Out of 34

       witnesses, 28 have already been examined.

11.    I do not find it to be a fit case to exercise the discretion

       in favour of the petitioner as I find the bonafides of the

       petitioner for grant of interim bail to be suspect when the

       case is almost at the penultimate stage.

12.    Accordingly, both the applications are dismissed.




                                                   V.K. SHALI, J.

AUGUST 30, 2011 RN

 
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