Rakesh Kumar Bhola vs Directorate Of Revenue ...
2019 Latest Caselaw 2016 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                                 Judgment delivered on:12.04.2019
+     BAIL APPLN. 639/2019
      RAKESH KUMAR BHOLA                               ..... Petitioner
                                  versus

      DIRECTORATE OF REVENUE INTELLIGENCE
                                     ..... Respondent
Advocates who appeared in this case:
For the Petitioner : Mr. Kshitiz Aggarwal, Advocate.

For the Respondent: Mr. Vineet Sharma with Mr. Satish Aggarwala, Advocates.

CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                              JUDGMENT

SANJEEV SACHDEVA, J. (ORAL) Crl.M.A.5390/2019 (for condonation of delay in re-filing) For the reasons stated in the application, the application is allowed. The delay in re-filing the application is condoned.

BAIL APPLN. 639/2019

1. Petitioner seeks interim bail in complaint No.7520/2016 under Sections 22/25/25A/29 NDPS Act on medical ground.

2. It is contended that the petitioner is suffering from urinal infection and Hydrosil pain and other diseases.

3. Status report has been received from Medical Officer, Incharge Jail, who has reported that the petitioner has been advised Cholecystectomy, reassess for Hernia. Further, the Medical Superintendent, R.P. Centre for Ophthalmic Sciences, All India Institute of Medical Sciences has also reported that the petitioner has been advised to undergo surgery for squint correction.

4. Learned counsel for the petitioner, under instructions from the wife of the petitioner, who is the pairokar, submits that the petitioner would be financially in a position to undergo surgery privately. He further submits that the recovery process post-surgery would be more than four weeks.

5. Learned counsel for the petitioner further submits that the petitioner was earlier granted interim bail by order dated 08.06.2018 by the Trial Court on the medical ground of illness of his mother and petitioner had duly surrendered in compliance of the said order.

6. Without commenting on the merits of the case and keeping in view the fact that the medical condition of the petitioner is verified by the medical documents, on petitioner furnishing a bail bond in the sum of Rs.1 lakh with one surety of the like amount to the satisfaction of the Trial Court, petitioner shall be released on interim bail for a period of four weeks.

7. Petitioner shall not anything which may prejudice either the

trial or the prosecution witnesses. Petitioner shall not leave the country without the permission of the Trial Court. Petitioner shall surrender to the concerned jail superintendent on expiry of the period of four weeks.

8. Petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J APRIL 12, 2019 st