Delhi High Court
Mohd Sair vs State on 11 July, 2023
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Judgment delivered on: 11.07.2023
+ BAIL APPLN. 1663/2023
MOHD SAIR ..... Petitioner
Through: Mr. Pritish Sabharwal, Adv.
versus
STATE ..... Respondent
Through: Mr. Ajay Vikram Singh, APP
for the State with Insp.
Manmeet Singh, ATO/PS
Khyala.
Mr. Akhtar Hussain, Adv. for
R-2.
CORAM:
HON'BLE MR. JUSTICE VIKAS MAHAJAN
JUDGMENT
VIKAS MAHAJAN, J. (ORAL)
1. The present application has been filed seeking interim bail in
FIR No. 121/2020 registered at P.S. Khyala under Sections 302/120-
B/34 IPC on the ground that petitioner is suffering from certain
medical conditions.
2. Notice in the application was issued on 18.05.2023 and medical
report of the petitioner was requisitioned from the concerned jail
authority.
3. The medical report dated 25.05.2023 issued by the Senior
Medical Officer, Jail Dispensary, Central Jail No. 1, Tihar, New Delhi
is on record.
4. Inviting attention of the court to the aforesaid medical report,
the learned counsel for the petitioner submits that the petitioner is a
Signature Not Verified
Digitally Signed
ASWAL
Signing Date:13.07.2023
11:43:19
known case of haemorrhoids with chronic fissure-in-ano and atypical
chest pain and he has been advised surgery for the same.
5. Learned counsel appearing on behalf of the complainant
opposes the interim bail on the ground that the complainant
apprehends threat to his life from the petitioner.
6. He further submits that the Superintendent, Tihar Jail by virtue
of an order dated 16.03.2022 had issued a punishment ticket against
the petitioner for threatening the complainant by using the jail call
facilities for which he was punished as per Prison Rules. He further
submits that earlier also the petitioner was granted interim bail on
17.11.2022 for a period of 20 days subject to the conditions mentioned
therein but the petitioner did not comply with the said conditions and
misused the bail.
7. In response, the learned counsel for the petitioner submits that
the alleged punishment ticket referred to by the petitioner is prior to
the order dated 17.11.2022 by which the petitioner was granted
interim bail. He submits that when the petitioner was released on
interim bail, he complied with all the conditions.
8. He further clarifies that during the period of interim bail an
application for cancellation of the bail was filed by the complainant in
which direction was given to the petitioner to report to the concerned
IO on daily basis for the remaining period of interim bail and the
petitioner complied with the said direction.
9. In so far as the petitioner's medical condition is concerned,
there is no dispute that the petitioner is suffering from haemorrhoids
with chronic fissure-in-ano with complaints of bleeding per rectum
Signature Not Verified
Digitally Signed
ASWAL
Signing Date:13.07.2023
11:43:19
and the petitioner has also been advised to undergo surgery for the
same.
10. In so far as the threat perception of the complainant is
concerned, the same can be addressed by putting appropriate
conditions.
11. Having regard to the medical report and considering the fact
that the petitioner has been advised surgery, the present petition is
allowed and the petitioner is admitted to interim bail for a period of
two weeks from the date of his release subject to his furnishing a
personal bond in the sum of Rs. 25,000/- (Rs. Twenty-five Thousand
only) with 01 surety bond in the like amount from the family member,
to the satisfaction of the learned Trial Court/CMM/Duty Magistrate,
further subject to the following conditions:-
(a) Within 03 days of his release, the petitioner shall
inform the Investigating Officer, in writing, the name of the
hospital/medical facility and the attending doctor under whose
treatment he will be while on interim bail. The petitioner shall
also inform the I.O. in writing if he shifts from a
hospital/medical facility or changes his attending doctor. The
Investigating Officer shall be at liberty to visit the
hospital/medical facility to verify the position;
(b) While on interim bail, the petitioner shall, through his
relatives, submit to the Investigating Officer his updated
medical summary/record, every third day, indicating his current
medical condition and progress;
(c) At the time of his surrender, the petitioner shall furnish
Signature Not Verified
Digitally Signed
ASWAL
Signing Date:13.07.2023
11:43:19
to the I.O. his discharge summary, indicating the treatment that
he has undergone while on interim bail;
(d) The petitioner shall not leave the State of NCT of
Delhi without permission of this court and shall ordinarily
reside at the address as per prison records/as mentioned in the
petition;
(e) The petitioner shall furnish to the Investigating
Officer/S.H.O P.S.: Khyala, a cell-phone number on which the
petitioner may be contacted at any time and shall ensure that the
number is kept active and switched-on at all times;
(f)The petitioner shall not contact, nor visit, nor offer any
inducement, threat or promise to the complainant or any of the
prosecution witnesses or other persons acquainted with the facts
of case. The petitioner shall not tamper with evidence nor
otherwise indulge in any act or omission that is unlawful or that
would prejudice the proceedings in the pending trial.
(g) Upon expiry of the period of interim bail, the petitioner
shall surrender before the Jail Superintendent.
12. The petition stands disposed of.
13. Copy of the order be forwarded to the concerned Jail
Superintendent for information and necessary compliance.
14. Order dasti under signatures of the Court Master.
VIKAS MAHAJAN, J
JULY 11, 2023/N.S. ASWAL
Signature Not Verified
Digitally Signed
ASWAL
Signing Date:13.07.2023
11:43:19
