Digamber Singh v. State Of NCT Of Delhi
$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3490/2025 & CRL.M.As. 27271-27273/2025 DIGAMBER SINGH .....Petitioner Through:
Mr. Abhay Kumar, Advocate.
versus STATE OF NCT OF DELHI .....Respondent Through:
Mr. Amit Ahlawat, APP.
SI Sachin, P.S. BHD Nagar.
CORAM:
HON'BLE MR. JUSTICE SANJEEV NARULA
O R D E R
% 12.09.2025 1.
The present application under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeks interim bail for a period of six weeks in FIR No. 83/2017, registered at P.S. Baba Haridas Nagar, for the offences under Sections 452/307/323 of the Indian Penal Code, 1860 and Sections 27/54/59 of the Arms Act, 1959. The said request is made on account of the medical condition of the Applicant's wife. The Applicant further impugns orders dated 21st July, 2025 and 4th August, 2025, passed by the Sessions Court.
2.
A perusal of the aforenoted orders reveals that the Sessions Court, in both instances, granted interim bail to the Applicant for a limited duration. In such circumstances, this Court is unable to comprehend as to why the Applicant has not, in the first instance, approached the Sessions Court for seeking any further extension of interim bail before approaching this Court. 3.
In response, counsel for the Applicant places reliance on Paragraph No. 7 of the order dated 4th August, 2025, which reads as follows: "7.
In view of the report previously, filed by the IO, the wife of the The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 11:50:19
accused/applicant might require an attendant in case she suffers from seizures. The conduct of the accused/applicant has been recorded as satisfactory by the Jail Superintendent concerned as per nominal roll already received. The applicant/accused was already granted interim bail for two weeks vide order dated 21.07.2025. To my mind, without commenting upon the merits of the prosecution version or the defence version, the accused has made out a case for extension of interim bail by five days. It is also observed that the accused cannot be granted interim bail in perpetuity. Accordingly, accused is again directed to make arrangements for an attendant for his wife during the period of interim bail granted to him. It is again clarified that the extension of interim bail is being granted to applicant / accused subject to the condition that he shall not seek an extension of interim bail on any ground whatsoever." 4.
The aforenoted order only makes it clear that the extensions of interim bail cannot be granted in perpetuity, and accordingly observes that no further extension on interim bail would be granted. 5.
In the opinion of the Court in case there is any exigency in circumstances entitling the Applicant for further extension of bail, the Applicant must first exhaust the remedy before the Sessions Court, rather than directly approaching this Court.
6.
Accordingly, the present application is dismissed with liberty to the Applicant to apply for interim bail before the Sessions Court. In case the circumstances so warrant, the Sessions Court shall consider such a request and pass appropriate orders, in accordance with law. 7.
This Court has not expressed any opinion on the merits of the case or on the medical grounds urged in respect of the Applicant's wife. 8.
All rights and contentions of the parties are left open. 9.
Disposed of, along with pending applications. SANJEEV NARULA, J SEPTEMBER 12, 2025/as The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 15/09/2025 at 11:50:19