Md Ruhtaz v. The State NCT Of Delhi

$~23 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 90/2024 MD RUHTAZ ..... Petitioner Through:

Mr. Manjeet Mathur, Advocate.

versus THE STATE NCT OF DELHI ..... Respondent Through:

Ms. Richa Dhawan, APP for State with Insp. Dharmender Kumar, PS: Jahangir Puri.

CORAM:

HON'BLE MS. JUSTICE JYOTI SINGH

O R D E R

% 08.01.2024 CRL.M.A. 689/2024 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

BAIL APPLN. 90/2024 3.

This is an application preferred on behalf of the Petitioner Md. Ruhtaz S/o Md. Hussain under Section 439 (1) Cr.P.C. for extension of interim bail granted to the Petitioner on 15.12.2023 in BAIL APPLN. 2758/2023 by this Court in FIR No.560/2022 dated 17.06.2022 under Sections 302/323/34 IPC at PS: Jahangir Puri for a period of 30 days on the ground that Petitioner has to undergo Laparoscopic Cholecystectomy surgery. 4.

Learned counsel for the Petitioner, on instructions, submits that the interim bail is expiring today and the same be extended by a further period of one week from today to enable Petitioner to undergo the surgical procedure, which the Petitioner could not undergo on account of other health BAIL APPLN. 90/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:47:21

issues.

5.

Issue notice.

6.

Learned APP accepts notice on behalf of the State and submits that since the Petitioner has approached the Court on the last date, the State is unable to verify the reasons on account of which the procedure was not undertaken by the Doctor. Learned APP, however, does not dispute the fact that the Petitioner is required to undergo the procedure for his gall bladder, which fact is recorded in paragraph 3 of the order dated 15.12.2023 in BAIL APPLN. 2758/2023.

7.

After hearing learned counsel for the Petitioner and learned APP, this Court extends the interim bail of the Petitioner for a further period of one week from today, to enable the Petitioner to undergo the required procedure, on the same terms and conditions as mentioned in the order dated 15.12.2023 in BAIL APPLN. 2758/2023. It is also made clear that no further extension or grant of interim bail will be granted to the Petitioner on this ground and the Petitioner shall surrender on expiry of one week from today. Medical documents in support of the Laparoscopic Cholecystectomy surgery will be submitted to the concerned Jail Superintendent at the time of surrender.

8.

Application is allowed and disposed of.

9.

A copy of this order be sent to the concerned Jail Superintendent for necessary information and compliance.

JYOTI SINGH, J JANUARY 08, 2024/shivam BAIL APPLN. 90/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/05/2024 at 15:47:21