Anil Marwah v. State

$~ 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. No. 1230/2020 ANIL MARWAH ..... Petitioner Through:

Mr.Baldev Raj, Advocate versus STATE ..... Respondent Through:

Mr.Kewal Singh Ahuja, APP for State

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 12.06.2020 Crl.M.A. Nos. 7584/2020 and 7585/2020 (Exemptions) Allowed, subject to just exceptions.

The applications stand disposed of.

BAIL APPLN. No. 1230/2020 The applicant vide the present application seeks the grant of interim bail that had been granted vide order dated 30.04.2020 in Bail Application No.830/2020 by Ld.Duty Judge/ADJ-02 (NW) Rohini Courts, Delhi, whereby interim bail had been granted on the ground that the applicant is HIV positive being vulnerable to receive any contagious disease. The learned counsel on behalf of the applicant submits that this period of interim bail is going to expire on 14.06.2020 and it has been submitted on behalf of the applicant that the applicant sought extension of interim bail before the Ld.Duty Judge on the same grounds but vide order dated 06.06.2020 in Bail Application No.1503/2020 seeking the extension of interim bail for a period

of 45 days as granted vide order dated 30.04.2020 was declined as no satisfactory ground was held to be made out to further extend the interim bail of the applicant.

On behalf of the State the application is vehemently opposed. However, taking into account the factum that the aspect that the applicant is HIV positive has already been verified as indicated vide order dated 30.04.2020 by the LD. ASJ and taking into account the present pandemic, in the interest of justice, it is considered appropriate to extend the grant of interim bail vide order dated 30.04.2020 for a further period of 45 days on the same terms and conditions as imposed vide order dated 30.04.2020 with further directions that:

 the applicant shall not leave the city;

 the applicant shall make no contact with the complainant and the witnesses of the prosecution;

 the applicant shall keep his mobile phone on with location being available at all times;

 the applicant shall commit no offence whatsoever;  the applicant shall contact the SHO, Begum Pur, Delhi every 15th day telephonically during the period of his release on interim bail.  the applicant shall surrender on the 45th day of his release before the Jail Superintendent, Delhi;

The application is disposed of.

ANU MALHOTRA, J JUNE 12, 2020/sg