Neeraj Kumar v. State (NCT Of Delhi)
via Video-conferencing $~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 824/2020 NEERAJ KUMAR .....Petitioner/Applicant Through:
Mr.Kamal J.S. Mann, Advocate.
versus STATE (NCT OF DELHI) ...... Respondent Through :
Mr. Izhar Ahmed, APP for State.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 02.06.2020 CRL. M.A. No. 7040/2020 (for exemption) Exemption allowed, subject to just exceptions. The application stands disposed of.
CRL. M.A._____/2020 (to be numbered) (for furnishing additional documents) Let this application be numbered by the Registry. By this application the applicant seeks permission to furnish additional documents.
For the reasons stated in the application, the same is allowed. Additional documents sought to be filed are taken on record. The application stands disposed of.
CRL. M.A. No. 7039/2020 (for extension of interim bail) By order dated 06.05.2020 made in Bail Application No. 824/2020, the applicant was granted interim bail for a period of 04 weeks from the date of his release to attend to the surgery of his wife, which surgery was scheduled on 10.05.2020.
2.
Mr. Mann, learned counsel appearing for the applicant submits that due to certain medical reasons beyond the applicant's control, his wife's surgery was conducted on 26.05.2020 instead of 10.05.2020; and as evidenced by discharge summary dated 29.05.2020, the applicant's wife has now been discharged from the nursing home and has been advised complete bed rest for a period of 01 month. Discharge summary dated 29.05.2020 has been annexed with the application. In these circumstances, the applicant seeks extension of interim bail granted to him vidé order dated 06.05.2020. 3.
Counsel says that the applicant was released from jail on 07.05.2020 and is accordingly required to surrender on 03.06.2020. 4.
Mr. Mann submits that there is no other person in the applicant's family who can look after his wife as well as his two minor children, especially when the wife has been advised complete bed rest for a month.
5.
Issue notice.
6.
Mr. Izhar Ahmed, learned Additional Public Prosecutor for the State appears on advance copy and accepts notice.
7.
Learned APP for the State opposes the application on the ground that the period of interim bail granted by order dated 06.05.2020 has expired ; and that the applicant, being an undertrial in case FIR No.
16/2018 registered under sections 3 and 4 of the Maharashtra Control of Organised Crime Act 1999, is not entitled to any indulgence by this court, even in view of the prevailing pandemic. 8.
On an overall view of the facts and circumstances however, and by way of abundant indulgence, interim bail granted to the applicant vide order dated 06.05.2020 is extended for a period of 01 month w.e.f. 03.06.2020 on the same terms and conditions as contained in order dated 06.05.2020.
9.
It is made clear however, that the applicant would be well advised to make arrangements for the care of his wife and children before the expiry of the extended period of interim bail, since no further extension would be granted.
10.
A copy of the order be sent to the Jail Superintendent. 11.
The application stands disposed of in the above terms. 12.
The main bail application already stands disposed of by order dated 06.05.2020.
ANUP JAIRAM BHAMBHANI, J.
JUNE 02, 2020 j