Mohd Afsar v. State

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN.1127/2020 CRL.M.A. 7200/2020 (Exemption) MOHD AFSAR .....Petitioner Represented by:

Mr.Kundan Kumar, Advocate.

versus STATE ..... Respondent Represented by:

Mr. Panna Lal Sharma, APP for State.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 04.06.2020 The hearing has been conducted through Video Conferencing. CRL.M.A. 7200/2020 (Exemption) Exemption allowed subject to just exceptions. BAIL APPLN.1127/2020 1.

The present petition has been filed by the petitioner seeking interim bail for a period of two months on the medical ground of the wife in case FIR No. 26/2011 under Sections 302/412/120B/34 IPC registered at PS Ashok Vihar.

2.

Along with the petition affidavit of pairokar has not been filed and no exemption has also been sought. Learned counsel for the petitioner states that this is an error, and since the present petition is being now withdrawn he will ensure that in future when a petition is filed without affidavit an exemption is sought from filing of the affidavit. 3.

This Court has brought to the notice of the learned counsel for the BAIL APPLN.1127/2020

petitioner, medical document of the wife of the petitioner at page 14 of the petition which notes the history by the wife of the petitioner as staying with the husband regularly, which is factually incorrect for the reason petitioner is in custody for the last nearly 9 years.

4.

Faced with this situation, learned counsel for the petitioner seeks leave to withdraw the petition.

5.

Petition is dismissed as withdrawn.

6.

Order be uploaded on the website of this Court. MUKTA GUPTA, J.

JUNE 04, 2020 'ga'

BAIL APPLN.1127/2020