Mohd Afsar v. The State

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 608/2018 MOHD AFSAR ..... Petitioner Through :

Mr.Rohit Kishore, Advocate.

versus THE STATE ..... Respondent Through :

Mr.Ravi Nayak, APP with Insp.Madan Mohan, PS Maurya Enclave.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 19.03.2018 CRL.M.A.No. 5078/2018 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

BAIL APPLN. 608/2018 1.

The petitioner seeks interim bail for a period of fifteen days in case FIR No.37/2011 registered under Sections 302/392/394/34 IPC at PS Maurya Enclave.

It is urged that the petitioner's father has expired on 02.03.2018.

Certain rituals i.e. Beeswan ceremony is scheduled to be held on 19.03.2018 and the presence of petitioner is necessary therein.

2.

Status report has not been filed.

3.

Earlier, the petitioner had filed an application for interim bail

before the Trial Court and it was declined vide order dated 09.03.2018. It was stated therein that the matter was listed for final disposal on 27.03.2018. Considering the possibility of the appellant to flee from justice, he was not granted the concession of interim bail. 4.

The present application has been filed by the petitioner belatedly when as per his version the 'Beeswan' ceremony is to be performed on 19.03.2018 i.e. today.

The prosecution has not been given any opportunity to verify the facts. Under these circumstances, no interim bail can be granted to the petitioner. 5.

During the course of arguments, it was informed that the said ceremony has been postponed for two days. In case, the petitioner intends to visit his house to participate in the rituals, he would be taken on one day only from 10.00 A.M. to 04.00 P.M. in custody at the said address in Delhi.

6.

The bail application stands disposed of.

7.

Copy of the order be sent to the Superintendent Jail for information / compliance.

S.P.GARG, J.

MARCH 19, 2018 / tr