Delhi High Court
Manzoor Hasan vs State on 13 July, 2018
$~41
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 13.07.2018
+ BAIL APPLN. 1565/2016
MANZOOR HASAN ..... Petitioner
versus
STATE ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Ravi Kant Kaushal with Mr. Ashok Kumar,
Advocates.
For the Respondent : Ms. Neelam Sharma, APP for the State.
ASI Tulli Ram, PS Badar Pur.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
ORDER
% 13.07.2018
SANJEEV SACHDEVA, J. (ORAL)
1. Medical Report has been received from the superintendent Jail
dated 12.07.2018. The same is taken on record.
2. Petitioner seeks regular bail in FIR No.50/2015 under Section
376 IPC and section 4/8 POCSO, Police Station Badarpur. The
petitioner has been in custody since 21.01.2015.
3. The petition has been filed by the petitioner through his son as
pairokar. It is alleged in the petition that the petitioner is aged 98
years. It is contended that the petitioner is suffering from Senile
Dementia and is not in his senses and is not aware of his whereabouts.
4. A report was called from the Superintendent (Jail). The
Superintendent (Jail) has submitted reports dated 01.06.2018 and
12.07.2018. It is mentioned in the report that the petitioner was
examined by the Jail Psychiatrist and he exhibited symptoms of
forgetfulness and poor self-care. On examination, he was found
unkempt and untidy and is not oriented to time, place, person and his
personal care was significantly reduced. The score of mini-mental
examination was found to be below normal. The petitioner was
diagnosed provisionally as a case of Senile Dementia.
5. In the report dated 12.07.2018, it is stated that MRI brain with
contrast was done of the petitioner, which revealed cerebral atrophy,
white matter ischemic change and small area of gliosis in bilateral
insular cortex.
6. The daughter of the petitioner is present in Court in person. She
submits that she stays in a joint family and there are family members
who can take care of the petitioner.
7. Keeping in view the medical condition of the petitioner and that
he is suffering from Senile Dementia, Cerebral Atrophy, further
incarceration of the petitioner is not warranted in the facts and
circumstances of the case. There is no possibility of the petitioner
absconding, tampering with evidence or interfering in the trial.
8. Keeping in view the medical condition of the petitioner, I am of
the view that the petitioner be enlarged on bail.
9. Accordingly, on petitioner furnishing two sureties in the sum of
Rs.25,000/- each to the satisfaction of the Trial Court, the petitioner
be released on bail, if not required in any other case. The petitioner
shall not do anything, which may prejudice either the trial or the
prosecution witnesses. The petitioner shall not contact the prosecutrix
or her family members.
10. The petition is disposed of in the above terms.
11. Order Dasti under signatures of the Court Master.
SANJEEV SACHDEVA, J
JULY 13, 2018
st
