Manish Mohan v. I.O., Narcotics Control Bureau

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 3198/2019 MANISH MOHAN ..... Petitioner Through Mr. Sumit Sharma, Adv.

versus I.O., NARCOTICS CONTROL BUREAU ..... Respondent Through Mr. B. S. Arora, Adv.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 05.02.2020 Vide present application, the petitioner seeks directions thereby to grant interim bail for a period of two months in order to arrange for surgery and to take care of her old and ailing mother in case titled as 'N.C.B. V/s Gaurav Mehta & Ors.' bearing S.C. No. 81/2019, P.S. NCB, u/s 21, 23 & 29 NDPS Act pending in the court of Ld. Special Judge (NDPS), Patiala House, New Delhi.

Learned counsel for respondent has opposed the present petition and submits that petitioner has been granted interim bail many times in the past based upon the same ground as mentioned above even though no surgery has been performed yet. He further submits that Division Bench of this Court has held that as per Section 37 NDPS Act no interim bail shall be granted to the accused unless there are some exceptional circumstances. Keeping in view the medical conditions of the mother of petitioner whose date of surgery is 14.02.2020 being exceptional ground, I hereby

grant bail for four weeks to petitioner from the date of release. Let petitioner be released on bail on his furnishing personal bond in the sum of ₹25,000/- with one surety of the like amount to the satisfaction of the Trial Court.

It is made clear that on completion of the interim bail, the petitioner shall surrender before the concerned jail.

The application is allowed and disposed of.

Order dasti under signatures of the Court Master. Copy of this order be transmitted to the Jail Superintendent and the Trial Court concerned for compliance.

SURESH KUMAR KAIT, J FEBRUARY 05, 2020 ms