Lalit v. State Of Delhi
$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 963/2020 LALIT .....Petitioner Through:
Mr. Anupam S. Sharma, Advocate.
versus STATE OF DELHI ..... Respondent Through:
Mr. Ravi Nayak, APP for State with Insp.
Mahender Lal, SHO, PS- Subzi Mandi Railway Station.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 21.05.2020 CRL.M.A. 6638/2020 (Exemption)
1. Exemption allowed, subject to all just exceptions.
2. The application stands disposed-off.
BAIL APPLN. 963/2020
3. The hearing was conducted through video conferencing.
4. The petitioner seeks interim bail to attend to his father who suffers from debilitating diseases, including paralysis, diabetes, hypertension, DKA, etc. He has slurring of speech, tingling and numbness of extremities and uncontrolled right-side weakness because of right hemiparesis. He is being treated at the Jaipur Golden Hospital, documents of which have been annexed to the petition (Annexure K). His medical condition has been verified by the police. In view of the current pandemic lockdown, the administrative directions have been issued by the High Powered
Committee on 18.05.2020 that interim bail for 45 days even cases of Under Trial Prisoners (UTPs) facing trial for a case under section 302 IPC may be considered, where the prisoner has been in jail for more than two years. It has directed inter alia as under:- " The Members of the Committee discussed the report submitted by DG (Prisons) vide his letter dated 16.05.2020 and resolved that prisoners falling in following criteria may now be considered for grant of interim bail for 45 days in view of the circumstances in which we are in, preferably on 'Personal Bond': (i) Under Trial Prisoners (UTPs) facing trial for a case under section 302 IPC and are in jail for more than two years with no involvement in any other case; ...."
5. The present petitioner has been in jail for more than 2 years and 9 months. He is not involved in any other case. The trial has been completed and the case is listed for arguments. He falls under the recommended category for grant of interim bail. Albeit, the petitioner has made out an exigent medical case for grant of interim bail, de hors the aforesaid recommendation. Nevertheless, for the moment, the petitioner is granted interim bail for 45 days on his furnishing a personal bond in the sum of Rs.10,000/- to the Jail Superintendant concerned. The petitioner shall keep the SHO, Police Station, Subzi Mandi Railway Station informed through video call/normal phone call or SMS on every Friday. He shall not leave the territory of NCT of Delhi.
6. The Registry is directed to send a copy of this order to the Jail Superintendant, concerned for compliance. Additionally, a copy
of the same shall also be delivered upon the Jail Superintendant through the police.
7. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsel through email. NAJMI WAZIRI, J MAY 21, 2020/RW