Prince Dabas vs The State
2020 Latest Caselaw 1719 Del

$~VC-1
*   IN THE HIGH COURT OF DELHI AT NEW DELHI
+   BAIL APPLN. No.289/2020, Crl. M.A. No.5857-58/2020,
    5885/2020, 5888/2020
    PRINCE DABAS
                                                        ..... Petitioner
                     Through: Mr. Sunil K. Mittal, Mr. Anshul
                               Mittal, Advocates for the Petitioner

                           versus

      THE STATE
                                                             ..... Respondent
                           Through:   Ms. Kusum Dhalla, Additional Public
                                      Prosecutor for the State.

      CORAM:
      HON'BLE MS. JUSTICE ASHA MENON
                       ORDER

% 24.04.2020 Crl. M.A. No. 5888/2020 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

Crl. M.A. No. 5885/2020 (Early hearing and for grant of interim bail)

1. By this application filed under Section 482 of the Code of Criminal Procedure, 1973, the applicant/petitioner seeks early hearing of the BAIL APPLN. No. 289/2020 and in the alternative, prays for interim bail in FIR No.27/2019 under Section 304-B/498-A/34 of the IPC, 1860, registered at Police Station North Rohini, Delhi, for a period of three months to enable the petitioner to complete his online submissions in respect of the Masters exams scheduled in June 2020.

2. Mr. Sunil K. Mittal, learned counsel for the applicant/petitioner submits that the Annexure A-1 is the Identity Card of the petitioner to show that he is in fact a student enrolled with Indira Gandhi National Open University, for Masters in Commerce. Learned counsel for the petitioner also draws attention of this Court to the Notification dated 16.03.2020 extending the period for submission of assignment from 31.03.2020 to 30.04.2020 due to the lockdown on account of COVID-

19. Additionally, learned counsel submits that the Guidelines and Instructions for submission of online examination form for June 2020 also prescribe that the forms have to be submitted online by 30.04.2020.

3. Ms. Kusum Dhalla, learned Additional Public Prosecutor for the State points out that as the lockdown has been extended till 03.05.2020, it is unlikely that the exam schedule will be as per the Guidelines, ie. from 01.05.2020 to 20.05.2020 and that there is every likelihood of the exams being postponed beyond June 2020.

4. Having heard learned counsel for both sides, this Court is of the opinion that the petitioner may be granted interim bail up to 04.05.2020 to enable him to file his assignment and application form for the Masters examination.

5. Accordingly, the petitioner is granted interim bail up to 04.05.2020 subject to his furnishing his personal bond in the sum of Rs.30,000/- to the satisfaction of the Jail Superintendent. The applicant/petitioner is directed to surrender before the Trial Court on

04.05.2020 without fail.

6. At this stage, Mr. S.K. Mittal, learned counsel for the applicant/petitioner requests that in case the exam schedule is announced on cessation of the lockdown on 03.05.2020 or otherwise, the petitioner be granted liberty to move the court for appropriate directions in view of the fact that the regular bail application of the petitioner is to be heard on 27.06.2020. Liberty, as prayed for, is granted.

7. With the aforesaid directions, the present application is disposed of.

ASHA MENON, J APRIL 24, 2020 pkb