Sakib @ Azeem v. State

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 89/2020 SAKIB @ AZEEM ..... Petitioner Through:

Mr. Pankaj Kumar, Advocate

Versus

STATE ..... Respondent Through:

Mr. G.M.Farooqui, Additional Public Prosecutor for State

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 12.02.2020 Petitioner is seeking interim bail for two months to take care of his wife who had suffered multiple fractures due to fall from roof and her surgery for insertion of rod in her hip bone has already been done but another surgery has been advised by the doctor. Petitioner is stated to be in custody in FIR No. 449/2018, under Sections 393/398/34 IPC, registered at police station Bhajanpura, Delhi and is in custody since 18th January, 2019.

Learned counsel for petitioner submits that after surgery of hip bone fracture, petitioner's wife is still confined to bed and his father, who used to take care of her, is admitted in ICU and there is no one to take care of her as also of two minor children.

Learned Additional Public Prosecutor for State has filed the status report dated 3rd February, 2020. He has submitted that though the surgery of petitioner's wife has taken place in October, 2019 and was successful, BAIL APPLN. 89/2020 1

but the fact that petitioner's wife is confined to bed and unable to walk stands verified.

In view of the above facts, the application is allowed in the interest of justice and petitioner is granted interim bail for one month from the date of his release on his executing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the learned trial court, subject to the following conditions: i) The petitioner shall provide his mobile phone number to the Jail Superintendent at the time of his release, which shall be kept in working conditions at all the times. The same shall not be changed without prior intimation to the Jail Superintendent;

ii) The petitioner shall report to the concerned Station House Officer (SHO) on every Monday at 11:00 a.m. during the period of parole;

iii) The petitioner shall duly surrender at the end of the period of parole; and iv) The petitioner shall also not indulge in any criminal activity while on parole.

A copy of this order be communicated to the Jail Superintendent. The application stands disposed of accordingly. Dasti.

BRIJESH SETHI, J FEBRUARY 12, 2020/r BAIL APPLN. 89/2020 2