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High Court of DelhiBAIL APPLN./1519/2020

Chhammo v. State, NCT Of Delhi

2020-07-17Hon'Ble Mr. Justice Rajiv Shakdher3 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CHHAMMO .....Petitioner Through Mr. Hemant Gulati, Adv.

versus STATE, NCT OF DELHI .....Respondent Through Mr. G.M. Farooqi, APP.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

O R D E R

% 17.07.2020 [Court hearing convened via video-conferencing on account of COVID-19] 1.

On the previous date i.e. 02.07.2020, the following order was passed: "...2. I am told that the petitioner is a widow and has been in judicial custody since 27.05.2019.

2.1 It is averred that the petitioner is suffering from diabetes and hypertension.

2.2 1 am informed that the petitioner's son i.e. Late Hakimmudin has been murdered and that the daughter-in-law is left with six minor children whose affairs need to be settled by the petitioner.

3. The petitioner seeks interim bail to make arrangements for the children.

4. I am told that the charge-sheet has already been filed and the trial has commenced.

5. Accordingly, issue notice to the respondent/State. 1/3

5.1 Mr. G.M. Farooqui accepts notice on behalf of the respondent/State.

5.2 Mr. Farooqui will file a status report in the matter before the next date of hearing bearing in mind, inter alia, what is noted hereinabove.

5.3 The respondent/State will get the petitioner medically examined and place the report, concerning the same, on record before the next date of hearing.

5.4 The concerned Jail Superintendent will file the nominal roll concerning the petitioner.

5.5 The concerned Jail Superintendent will also file an affidavit regarding the conduct of the petitioner while in Judicial Custody.

6. The Registry will communicate the order passed today, albeit, electronically, to the concerned Jail Superintendent.

7. Renotify the matter on 17.07.2020."

2.

Since then, a status report has been filed in the matter. 3.

Mr. G.M. Farooqui, who appears for the respondent/State, submits that the petitioner is about 65 years old.

4.

Having regard to the family circumstances of the petitioner, to which a reference was been made by me in the previous order i.e. order dated 02.07.2020, I am inclined to enlarge the petitioner on interim bail for a period of four (4) weeks to set right her affairs. 4.1 It is ordered accordingly.

5.

Therefore, the captioned bail application is disposed of with the following directions:

i.

The petitioner will be released on interim bail for a period of four (4) weeks commencing from the date of her release. 2/3

ii.

The petitioner will furnish a personal bond of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/duty magistrate.

iii.

The petitioner will surrender before the concerned Jail Superintendent on expiry of the period of enlargement i.e. four (4) weeks. iv.

The petitioner will establish telephonic contact, on an everyday basis, with the Investigating Officer.

v.

The petitioner will neither get in touch with the witnesses relating to the matter nor will she tamper with the evidence. vi.

The petitioner will not leave the National Capital Territory of Delhi without the permission of the concerned court. 6.

The Registry will transmit a copy of the order passed today, albeit electronically, to the concerned Jail Superintendent. RAJIV SHAKDHER, J JULU 17, 2020 PMC/KK Click here to check corrigendum, if any 3/3