Delhi High Court
Jitender vs State (Nct Of Delhi) on 11 August, 2015
Author: Siddharth Mridul
#31
IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11.08.2015
BAIL APPLN. 1597/2015
JITENDER ..... Petitioner
Through: Mr. Sunil Mehta, Advocate
Versus
STATE (NCT OF DELHI) ..... Respondent
Through: Ms. Radhika Kolluru, APP
CORAM:
HON'BLE MR JUSTICE SIDDHARTH MRIDUL
SIDDHARTH MRIDUL, J (ORAL)
CRL.M.A.11295/2015 (Exemption)
Exemption granted subject to all just exceptions.
The application is disposed of accordingly.
BAIL APPLN.1597/2015
1. The present is an application under section 439 Cr.P.C., 1973 for grant
of bail in FIR No.70/2013, under sections 21 and 29 of the NDPS Act,
registered at Police Station- Sagarpur, Delhi.
2. Notice.
3. Ms. Radhika Kolluru, learned APP accepts notice and files a status
report in response. The same is taken on record.
4. With the consent of counsel appearing on behalf of the parties, the
application is being heard and disposed of by this order.
5. Mr. Mehta, learned counsel appearing on behalf of the applicant states
that the latter has a daughter who is mentally retarded and disabled requiring
regular treatment at the Institute of Human Behaviour and Allied Sciences
(IHBAS). Mr. Mehta invites my attention to the order passed by this Court
on 27.11.2014 in Bail Application No.2532/2014, filed on behalf of the
applicant, whereby this Court after considering the totality of the facts and
circumstances of the case and arriving to a conclusion that the presence of
the applicant is required from time to time to attend to his child, passed the
following order:-
"This application has been moved by the petitioner
Jitender under Section 482 Cr.P.C. seeking interim bail
in connection with FIR No.70/2013 registered under
Section 21, 29 of the N.D.P.S. Act at police station
Sagarpur, Delhi, on the ground that he has got a
mentally retarded and disabled daughter who is
undergoing regular treatment at the Institute of Human
Behaviour and Allied Sciences (IHBAS), and that his
family circumstances are such that his presence is also
required from time to time to attend to his child.
It is stated that the petitioner has been enlarged on
interim bail earlier also on 01.09.2014 by this Court
for two weeks on the same ground, and that,
immediately on the expiry of term of the bail he had
duly surrendered to the Jail Authorities. A copy of the
Out Patient Card (OPD) issued to the daughter of the
petitioner namely, Kajal, who is aged about 14 years,
has also been annexed to this petition, which, inter
alia, shows that the child is suffering from mental
retardation and is not able to speak and walk by
herself.
Counsel further submits that the petitioner is being
tried for alleged unauthorized possession of 20.4
kilogram Ganja; and that in terms of the N.D.P.S. Act,
any quantity in excess of 20 kilogram is treated as
commercial quantity, thereby attracting more severe
penalties.
Issue notice.
Mr. O.P. Saxena, Additional Public Prosecutor for the
State, enters appearance and accepts notice. He
submits that the trial of the matter is nearly over in that
all the prosecution witnesses have been examined and
the case is now fixed for the defence evidence on
24.12.2014.
He further submits that there is nothing urgent, nor has
there been any significant change in the circumstances
of the petitioner, to warrant fresh interim bail to him.
Be that as it may, the fact remains that even on
01.09.2014, when the petitioner was granted interim
bail initially by this Court, the condition and
circumstances of the petitioner?s family were the same
as today and it was considered a fit case for grant of
interim bail.
Further, the fact that the petitioner had duly
surrendered after being granted interim bail earlier is
not controverted. There is also no allegation of the
petitioner of interfering with the trial or attempting to
flee. Looking to the overall circumstances, to my
mind, this is a case that forms an exception to the
normal rule regarding matters under the N.D.P.S. Act.
Consequently, the petitioner shall be released on
interim bail for a period of two weeks from the date of
his release on his furnishing a personal bond of
Rs.50,000/-, along with one surety of the like amount,
to the satisfaction of the Jail Authorities and he shall
surrender to the Jail Authorities after the expiry of the
same.
This application is disposed off.
Dasti."
6. Mr. Mehta has further invited my attention to the order dated
03.07.2015 passed by this Court in Bail Application No.1177/2015 wherein
this Court passed the following order:-
"It is an admitted position that the daughter of the
applicant is mentally retarded as well as disabled and
is undergoing regular treatment as aforesaid.
In view of the medical condition of the daughter of the
applicant, the present application is allowed on
humanitarian grounds. Consequently, the applicant
shall be released on interim bail for a period of two
weeks from the date of his release on his furnishing a
personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand) with one surety of the like amount to the
satisfaction of the Trial Court. The applicant shall
surrender before the jail authorities at the expiry of the
period of interim bail."
7. The present application prays for grant of further interim bail to the
applicant for an appropriate period so as to enable him to procure
specialized medication for his mentally retarded daughter aged about 14
years and to fulfill his family obligations and responsibilities.
8. A perusal of the status report filed on behalf of the respondent reveals
that Ms. Kajal, the minor daughter of the applicant is mentally retarded as
well as disabled and is undergoing regular treatment.
9. The present application is allowed in view of the medical condition of
the daughter of the applicant as well as on humanitarian grounds.
Resultantly, the applicant shall be released on interim bail till 02.09.2015 on
his furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty
Thousand) with one surety of the like amount to the satisfaction of the trial
court. The applicant shall surrender before the Court concerned on
03.09.2015, at the expiry of the period of interim bail.
10. The application is disposed of accordingly.
11. Dasti.
SIDDHARTH MRIDUL, J
AUGUST 11, 2015/dn
