Harved v. State NCT Of Delhi

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + HARVED ..... Petitioner Through:

Ms. Azra Rehman, Advocate versus STATE OF GNCT OF DELHI ..... Respondent Through:

Ms. Radhika Kolluru, APP with

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI (VIA VIDEO CONFERENCING)

O R D E R

% 27.07.2020 CRL. M.A. 9885/2020 and CRL. M.A. 9886/2020 (exemptions) 1.

Exemptions are allowed, subject to the condition that the petitioner will file the duly sworn/attested affidavit, requisite court fee, vakalatnama and the certified copy of the annexures within 72 hours from the date of resumption of the regular functioning of this Court. 2.

The applications stand disposed of.

CRL. M.A. 9884/2020 1.

The present application has been filed seeking extension of interim bail granted to the petitioner vide order dated 16.07.2020 in FIR No.458/2016, registered under Sections 420/467/468/471/120B/34 IPC at Police Station North Rohini, Delhi.

2.

Learned counsel for the petitioner submits that though the aforesaid interim bail was granted to the petitioner on account of the fact that the petitioner's wife had to undergo surgery but due to sign of abnormalities and fever, the surgery has been postponed. It is further stated that the petitioner, while in jail, has developed a lump appearing at the back of his head for which the petitioner has consulted with a doctor who has advised FNAC. 3.

Learned APP for the State has objected to the aforesaid prayer. She submits that the interim bail was granted to the petitioner only on the condition of his wife undergoing surgery. However, it was directed that in case the surgery was not performed, the petitioner had to surrender before the concerned Jail Superintendent on the same day. 4.

At this stage, learned counsel for the petitioner submits that the petitioner was in Farrukhabad and the present application seeking extension of interim bail was filed on 23.07.2020 itself however, the same could not be listed on the said date. She has further referred to the order dated 13.07.2020 passed by the Full Bench of this Court in W.P.(C) 3037/2020 whereby it has been observed as under:- "2.

Since some of the restrictions imposed by the Government of India were still in operation, and therefore, taking note of the extraordinary circumstances prevailing at that point of time, by order dated 15th May, 2020 we had extended our directions, which were given in the order dated 25th March, 2020, till 15th June, 2020.

3.

Similarly, due to no change in the circumstances and taking note of the directions of Hon'ble Administrative and General Supervision Committee of this Court the directions contained in our orders dated 25th March, 15th May and 15th June, 2020 were further extended till 15th July, 2020 with same terms and conditions.

4.

Now taking note of the prevalent Covid-19 pandemic situation in Delhi Hon'ble Administrative and General Supervision Committee of this Court has been pleased to order that regular functioning of this Court as well Courts subordinate to this Court shall continue to remain suspended till 31st July, 2020.

5.

In view of the above, we hereby further extend the implementation of the directions contained in our order dated 25th March, 2020 and 15th May, 2020 and 15th June, 2020 till 31st August, 2020 with the same terms and conditions." 5.

In view of the fact that the medical documents of the petitioner's wife already stand verified, petitioner's bail granted vide order dated 16.07.2020 is extended till 31.08.2020 on the same terms and conditions. 6.

The petitioner shall surrender after the expiry of the bail period. 7.

With the above directions, the application is disposed of. 8.

A copy of this order be communicated to the concerned Jail Superintendent electronically.

MANOJ KUMAR OHRI, J JULY 27, 2020 na