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High Court of DelhiBAIL APPLN./2313/2024

Prince Alias Panchi v. The State NCT Of Delhi

2024-08-01Hon'Ble Mr. Justice Dinesh Kumar Sharma3 pages

$~12 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2313/2024 PRINCE ALIAS PANCHI .....Petitioner Through:

Mr.J.P.Singh, Mr.Vikrant Singh, Mr.Upender Yadav, Mr. Hemant Sharma, Advts.

versus THE STATE NCT OF DELHI .....Respondent Through:

Mr. Digam Singh Dagar, APP for the State with Inspector O.P. Mandal, PS Raj Park, Delhi

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 01.08.2024

1. Present application has been filed for grant ofinterim bail in case FIR no.0002/2020 dated 02.01.2020 registered under Section 307/34/323 IPC at PS Raj Park onthe ground of illness of the parents of the petitioner. The charge-sheet hasalready been filed.

2. The medical documents were sent for the verification.

3. IO has filed detailed status report.

4. The perusal of the status report indicates that the father of the petitioner, namely Sh. Ashok Kumar, aged about 60 years, was examined in the eye OPD and advised refraction with spectacle correction. It has been submitted that the patient does not have any ocular pathology disease. The medical papers of Sh. Ashok Kumar were verified by Dr. Baba Saheb Ambedkar Hospital, Rohini, Delhi, and found genuine. As per the record, Sh. Ashok Kumar attended the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

casualty as a known case of chronic kidney disease with Type II Diabetes and presented with complain of swelling over the right leg.

5. Smt. Seema, the mother of the accused, visited the OPD at CD Global Hospital on 17.05.2024 and was scheduled for a laparoscopic cholecystectomy for symptomatic cholelithiasis. However, the surgery was postponed due to some complications. The status report reveals that the patient is currently planning to undergo the operation and the necessary medical documents have been attested and attached. It has been stated in the status report that the petitioner has two other siblings. The brother, Vinay, is residing with his family in Jammu, and the sister, Priyanka, is married and residing with her husband at Kailash Vihar, Delhi.

6. Learned APP for the State has submitted that the siblings of the petitioner can come and attend to their parents. Learned APP submits that hence, the offence in the present case is serious in nature and even complainant is yet to be examined.

7. Learned counsel for the petitioner has argued for grant of interim bail on the ground that at present there is nobody else in the family to look after the parents. Learned counsel submits that there is no other previous involvement of the petitioner. It has been further submitted that the petitioner is in custody since 28.05.2021 therefore the interim bail may be granted.

8. The perusal of the status report indicates that, although the parents of the petitioner have certain medical problems, they are being treated in the hospital. Fortunately, none of the parents have serious medical complications. It is a matter of record that there are other siblings of The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

the petitioner who can come and take care of their parents. The case is of a serious nature. The complainant is yet to be examined. I consider that the present case involves indiscriminate firing, resulting in injuries to three individuals, one of whom died.

9. Taking into account the facts and the circumstances, the petitioner is not entitled to grant the bail, hence dismissed. DINESH KUMAR SHARMA, J AUGUST 1, 2024 Pallavi The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.