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High Court of DelhiW.P.(CRL)/1170/2020

Bhaskar Sharma @ Bhaskar Bhardwaj v. State Of Delhi & ANR.

2020-07-31Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

via Video-conferencing $~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL.) 1170/2020 & CRL. M.A. No. 10303/2020 BHASKAR SHARMA @ BHASKAR BHARDWAJ .....Petitioner Through : Mr. Kedar Yadav, Advocate.

versus STATE OF DELHI & ANR.

..... Respondents Through : Mr. Rajesh Mahajan, ASC for State.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 31.07.2020 CRL.M.A. No. 10303/2020 (for exemption) Exemption is granted, subject to just exceptions and subject to the applicant completing all requirements of filing typed/original/ certified copies of annexures, attested affidavits and court fee within 10 days of physical re-opening of the court.

The application stands disposed of.

W.P.(CRL.) 1170/2020 The petitioner, who is on interim bail granted vidé order dated 18.06.2020 for 45 days, seeks extension of the interim bail based on orders dated 13.07.2020 and 24.07.2020 made by a Full Bench of this court in W.P.(C) No. 3037/2020.

2.

Mr. Kedar Yadav, learned counsel appearing for the petitioner submits that the Jail Superintendent has declined to accept that the petitioner is entitled to the benefit of the Full Bench orders. W.P.(CRL.) No. 1170/2020 Page of

3.

Issue notice.

4.

Mr. Rajesh Mahajan, learned Additional Standing Counsel for the State appears on advance copy; and accepts notice. 5.

Mr. Mahajan submits that while there is no dispute that the petitioner is also entitled to be benefit of the Full Bench orders, it is disputed that the Jail Superintendent has declined to accept that the Full Bench orders are applicable to the petitioner. 6.

Be that as it may, vidé orders dated 13.07.2020 and 24.07.2020 made in W.P.(C) No. 3037/2020 titled Court on its own Motion vs. State & Ors., the Full Bench has inter alia ordered that, in view of the serious threat of spread of the coronavirus pandemic in prison, where undertrials are on interim bail as on the date of that order, irrespective of whether they were released before or after 16.03.2020, such interim orders shall stand extended till 31.08.2020 on the same terms and conditions as were imposed earlier.

7.

Accordingly, in view of the mandate of the Full Bench, the interim bail of the applicant is extended till 31.08.2020 on the same terms and conditions as before.

8.

The petition stands disposed of in the above terms. 9.

Other pending applications, if any, also stand disposed of. 10.

A copy of the order be sent to the Jail Superintendent. ANUP JAIRAM BHAMBHANI, J.

JULY 31, 2020/j W.P.(CRL.) No. 1170/2020 Page of