Delhi High Court
Anca Marian Neacsu Thr. Her ... vs Central Bureau Of Investigation on 17 July, 2015
Author: Sunil Gaur
$~33
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Decision: July 17, 2015
+ BAIL APPLN. 1403/2015 & Crl.M.A.10109/2015
ANCA MARIAN NEACSU THR. HER FRIEND/PERPKAR
AARON SIDHU ..... Petitioner
Through: Mr. Maninder Singh, Mr. Dinkar
Jabiar and Ms. Smriti Asmita,
Advocates
versus
CENTRAL BUREAU OF INVESTIGATION ..... Respondent
Through: Mr. Narender Mann, Special
Public Prosecutor, with Mr. Manoj
Pant and Ms. Utkarsha Kohli,
Advocates with I.O., R.S. Solanki
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
% (ORAL)
Petitioner is a Foreign National and seeks interim bail in FIR No.
RC AC1/2012/A0012 under Sections 120-B read with Section 380 of IPC
and Section 3 of the Official Secret Act, 1923 registered at P.S. CBI/AC-
1, New Delhi titled CBI v. Abhishek Verma & Ors. for the period of four
weeks to get her Ear Surgery done from a Private Hospital.
Trial Court in the impugned order of 14 th July, 2015 has noted that
the surgery is re-scheduled for 21st July, 2015 at AIIMS Hospital and so,
BAIL APPLN. 1403/2015 Page 1
to avoid unnecessary delay, the surgery be performed in the said Hospital
while petitioner is in custody.
At the hearing, learned counsel for the petitioner had submitted that
petitioner is having various ailments and she has been taken to AIIMS
Hospital on few occasions and she had developed infection there and so,
she wants to get her surgery done from MAX Hospital in Vasant Kunj or
from any other Private Hospital to avoid unnecessary complications due
to surgery as her immunity level is quite low.
During the course of hearing, learned counsel for the petitioner had
submitted that the interim bail for one week to get the surgery done
would be sufficient and petitioner would bear the expenses for the
surgery.
This petition was opposed by Mr. Narender Mann, learned Special
Public Prosecutor for CBI, by submitting that petitioner is accused of
conspiring with her husband-Abhishek Verma for the offence of
dissemination of secret defence documents and considering the grave
nature of offence, interim bail ought not be granted, as petitioner is being
provided best of the treatment.
Upon hearing and on perusal of impugned order and the material
on record, I find that gravity of the offence dissuades this Court to grant
interim bail to petitioner for the surgery. Since petitioner wants to get her
surgery done from Private Hospital, therefore, the concerned Jail
Superintendent is directed to ensure that petitioner is taken, in custody, at
her expense to MAX Hospital, Vasant Kunj, Delhi on 21 st July, 2015 at
11:00 a.m. for her medical examination and thereafter, be brought back to
the Jail. As and when the date for surgery is fixed, petitioner be taken to
BAIL APPLN. 1403/2015 Page 2
the said Hospital, in custody, at her expense and be brought back to jail
after she is discharged from Hospital. During the stay in Hospital,
petitioner shall remain in custody.
With aforesaid directions, this petition and the application are
disposed of.
The concerned Jail Superintendent be apprised of this order
forthwith.
Dasti.
(SUNIL GAUR)
JUDGE
JULY 17, 2015
rs
BAIL APPLN. 1403/2015 Page 3
