Devender Sen v. Narcotics Control Bureau

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2397/2019 DEVENDER SEN ..... Petitioner Through Mr. Siddharth Yadav, Adv.

versus NARCOTICS CONTROL BUREAU ..... Respondent Through Mr. Mukesh Malik, Adv.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 17.10.2019 By way of the present application, the applicant seeks grant of interim bail for a period 30 days for knee replacement of his mother. It is stated in the application that the mother of the applicant is suffering from unbearable pain due to swelling and deformity and therefore, the doctors have advised knee replacement. Medical documents of the mother are annexed with the application as Annexure A-3.

Learned counsel for the applicant submits that the mother of the applicant is aged about 65 years and is bed ridden due to her medical condition. The family of the applicant consists of his aged parents, his wife and two minor children and there is no other male member in the family besides him, who can make arrangements for knee replacement of his mother.

Learned counsel for the respondent has opposed extension of interim bail on the ground that earlier also the applicant had applied for interim bail

on the ground of ill health of his parents and the same was dismissed as withdrawn on 03.08.2019 by learned Special Judge, NDPS Act, Patiala House Courts, Delhi.

The fact remains that interim bail was not granted to the applicant on 03.08.2019, however, the medical documents have not been disputed by the learned counsel for the respondent. Learned counsel for the respondent however submits that the father of the applicant is available and can take care of treatment of mother of the applicant to be carried out. Learned counsel for the applicant submits that father of the applicant is an old person of 68 years of age who has retired from a private establishment and is unable to make arrangements for knee replacement of his wife.

Keeping in view the medical condition of the mother of the applicant and the fact that doctor concerned has advised knee replacement, on humanitarian ground, I hereby grant interim bail of 4 weeks to the applicant on his furnishing personal bond in the sum of ₹10,000/- with one surety of the like amount to the satisfaction of the Trial Court. It is made clear that no further extension shall be granted to the applicant.

Bail application stands disposed of accordingly. Copy of order be given dasti under the signatures of the Court Master. SURESH KUMAR KAIT, J OCTOBER 17, 2019 sm