Anisha Begam v. State (Gnctd)

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 815/2020 ANISHA BEGUM ..... Petitioner Through:

Ms.Sonal Singh, Adv.

versus STATE (GNCTD) ..... Respondent Through:

Mr.Ashish Dutt, APP.

CORAM:

HON'BLE MS. JUSTICE REKHA PALLI

O R D E R

% 01.05.2020 1.

The present petition has been taken up for hearing through video conferencing.

Crl.M.A. 5988/2020 (for exemption) 2.

Exemption allowed, subject to all just exceptions. The application is disposed of.

BAIL APPLN. 815/2020 3.

By way of this application under Section 439 of the Code of Criminal Procedure, the petitioner/applicant seeks interim bail for a period of three months for undergoing treatment for her various medical problems.

4.

Learned counsel for the petitioner submits that the petitioner is a 63 years old lady, who is suffering from multiple ailments including cardiac problem, the factum whereof has already been verified by the

learned Trial Court, who had despite noticing the numerous medical problems from which the petitioner is suffering has granted her only 10 days interim bail vide its order dated 03.03.2020. She submits that the said period was highly insufficient for the petitioner to undergo any treatment and, therefore, prays that the petitioner be granted at least 90 days for getting herself properly treated. 5.

Issue notice. Mr.Ashish Dutt, learned APP accepts notice on behalf of the State. He fairly does not dispute that the learned Trial Court after seeking a report had observed in its order that the petitioner is suffering from various medical ailments. He, however, submits that the petitioner ought to have made arrangements to get herself treated in the period of ten days when she was released on interim bail and, therefore, prays that the application be dismissed. 6.

Having considered the submissions of the learned counsel for the parties and keeping in view the fact that the order passed by the learned ASJ in itself records the multiple medical problems from which the petitioner is suffering, I find merit in the petitioner's contention that it may have been difficult for the petitioner to get treatment in a short period of ten days. Keeping in view the present nationwide lockdown, the petitioner is granted interim bail for a period of four weeks subject to her furnishing a personal bond in the sum of Rs.15,000/- to the satisfaction of the Jail Superintendent. The petitioner is directed to surrender immediately on expiry of four weeks from the date of her release. The petitioner will not leave the NCT of Delhi without permissions of this Court and will provide her mobile number to the Jail Superintendent and the IO on which she can

be contacted during the period. The petitioner will not contact any of the prosecution witnesses and not undertake any activity which may hamper the investigation in any manner. In view of the ongoing nationwide lockdown, the Jail Superintendent is directed to ensure that a vehicle is arranged to drop the applicant at her residence. 7.

The application is disposed of.

8.

The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email. REKHA PALLI, J MAY 01, 2020/gm