Sanjeev Verma v. State (NCT Of Delhi)
$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1879/2020 SANJEEV VERMA .....Petitioner Through:
Mr Akhand Pratap Singh and Mr Bahul Kalra, Advocates.
versus STATE (NCT OF DELHI) ..... Respondent Through:
Mr G.M Farooqui, APP for State.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R
% 27.07.2020 The hearing was conducted through video conferencing. CRL MA. 9900/2020 (Exemption)
1. Allowed subject to all just exceptions. The application stands disposed off.
CRL. MA 9901/2020 (Exemption from court fee)
2. Exemption allowed, subject to condition that applicant/petitioner will file the duly sworn/attested affidavit and the requisite Court fee within 72 hours from the date of resumption of the regular functioning of this Court.
3. The application stands disposed-off.
BAIL APPLN. 1879/2020
4. Issue notice.
5. The learned Additional Public Prosecutor named-above accepts notice on behalf of the Respondent/ State.
6. The applicant/petitioner seeks regular bail for a period of eight weeks in case FIR No.150/2017 under Sections 420/34/174 IPC registered at Police Station Lajpat Nagar, New Delhi.
7. This Court on 05.06.2020 passed the following order in Bail Appln. No. 399/2020 in respect of the applicant/petitioner: "...3. The applicant/petitioner seeks bail in FIR No. 150/2017 registered under sections 420/34/174A IPC at Police Station Lajpat Nagar to take care of his wife, who is emotionally shattered. The conduct of the applicant in the earlier tenure of three weeks‟ bail has given I10 Cause for complaint to the prosecution. The applicant was earlier granted bail first for eight days, which was subsequently extended by two weeks. The said period was to expire on 23.05.2020. The applicant was also granted bail in another case pending in Ghaziabad. U.P. Since the latter bail was to expire on 15.05.2020, the applicant surrendered before Ghaziabad authorities on 15.05.2020. In other words, he had returned to judicial custody much before the time fixed by this Court. Also on previous date, learned counsel for applicant/petitioner informed the Court that the applicant had retuned to judicial custody in Ghaziabad, U.P.
4. In view of the personal loss of the applicant and his wife i.e. the death of their young son of 22 years, the Court grants him interim bail for a period of four weeks, from the date of his release, to grieve alongwith his wife and to take care of her, on his famishing a Bail Bond of Rs. l0,000/- with one surety of the like amount to the satisfaction of the Jail Superintendent/Duty MM concerned. Bail is granted subject to the following conditions:
(i) The applicant shall keep the SHO/IO concerned informed of his whereabouts through a video call every day between either 11 a.m. - 11:30 a.m. or between 5 p.m. - 6 p.m. lf a video call is not possible, he may send an SMS apropos his whereabouts as well as „drop-a-pin‟ on location app (eg. Google Maps) to indicate his location.
Before the release of the applicant from incarceration, the IO shall ensure that the applicant has a videocall facility on his phone. The lO‟s telephone number is stated to be +91 87000 12844.
(ii) The applicant shall not leave the jurisdiction of the local police station of his place of residence, especially in the current pandemic/nationwide lockdown, unless there is an absolute necessity for doing so for which he shall keep the IO duly informed.
(iii) The applicant shall provide his contact number to the IO/SHO concerned and shall ensure that such number is reachable at all times.
The applicant shall not do anything which will prejudice the case of the prosecution."
8. The circumstances of the applicant/petitioner still remain the same. He has not misused the liberty granted to him and he has not given any cause for complaint to the State. Furthermore, by way of order dated 13.07.2020 passed in Court On Its Own Motion v State & Ors, W.P.(C) No.3037/2020, a Full Bench of this Court has extended application of interim orders of bail/parole granted before on or after 16.03.2020 till 31.08.2020 in view of ongoing pandemic/lockdown circumstances.
9. In the circumstances, the applicant/petitioner is granted interim bail till 31.08.2020, on the same terms and conditions as contained in the afore quoted order dated 05.06.2020.
10. The bail application is disposed-off in terms of the above.
11. Nothing stated in this order shall be deemed to be an adjudication on the merits of the case.
12. The Registry is directed to send a copy of this order to the Jail Superintendent concerned for due compliance.
13. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the counsels through email. NAJMI WAZIRI, J JULY 27, 2020/rd