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High Court of DelhiBAIL APPLN./128/2024

Mohd.Aamin Khan v. State Of NCT Of Delhi

2024-01-24Hon'Ble Mr. Justice Navin Chawla2 pages

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 128/2024 MOHD.AAMIN KHAN ..... Applicant Through:

Mr.Anil Basoya, Mr.Mukul Tyagi and Mr.Prince Tanwar, Advs.

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

Mr.Aman Usman, APP with SI S.B. Sharan

CORAM:

HON'BLE MR. JUSTICE NAVIN CHAWLA

O R D E R

% 24.01.2024 1.

This application has been filed under Section 439 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking extension of the interim bail granted to the applicant in FIR No.0247/2023 registered at Police Station: Laxmi Nagar, East, Delhi under Sections 307/308/427/452/336/323/506/120B/34 of the Indian Penal Code, 1860 (in short, 'IPC') and Sections 25/27 of the Arms Act, 1959 (in short, 'Arms Act') vide order dated 13.12.2023 passed by this Court in BAIL APPLN 4191/2023 titled Mohd. Aamin Khan v. The State NCT of Delhi & Anr., by a further period of two months. 2.

The applicant along with present application has enclosed documents of the ill-health of his wife and of his daughter. The same have now been verified by the respondent. The applicant also states that his daughter is to undertake the 10th Class Board Examinations. The date sheet of the examination has also been verified by the respondent.

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 13/06/2024 at 12:08:51

3.

The learned APP for the State, however, submits that the applicant is charged of committing a heinous crime and also has a history of involvement in other cases. He submits that, therefore, there is no ground for extending the interim bail granted to the applicant, as it cannot be in perpetuity. He submits that the examinations of the daughter of the applicant are to start only from 19.02.2024, to which the learned counsel for the applicant submits that before that the preparation has to be undertaken by the daughter and also she has to take the pre-board examinations which would end only on 29.01.2024. 4.

Keeping in view the medical condition of the daughter and the wife of the applicant, and also the fact that the daughter of the applicant is to undertake her 10th Class Board Examinations, the interim bail granted to the applicant in FIR No.0247/2023 registered at Police Station:

Laxmi Nagar, East, Delhi under Sections 307/308/427/452/336/323/506/120B/34 IPC and Sections 25/27 of the Arms Act, vide Order dated 13.12.2023 of this Court, is extended by a further period till 15.03.2024, on the same terms and conditions as were stipulated in the Order dated 13.12.2023 of this Court. 5.

It is made clear that the applicant shall not be entitled to seek further extension of this interim bail granted on the above grounds. 6.

The Bail Application is disposed of in the above terms. 7.

Copy of this order be sent to the Jail Superintendent for information and necessary compliance.

NAVIN CHAWLA, J JANUARY 24, 2024/ns/RP Click here to check corrigendum, if any 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 13/06/2024 at 12:08:51