Salman @ Mohd Asim v. State (NCT Of Delhi)

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1034/2018 SALMAN @ MOHD ASIM ..... Petitioner Through:

Ms. Radhika Arora, Advocate.

Versus

STATE (NCT OF DELHI) ..... Respondent Through:

Mr. Amit Gupta, Additional Public Prosecutor fo r State with SI Pawan Kumar, P.S. Farsh Bazar.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 13.07.2018 The petitioner seeks interim bail in FIR No. 1009/2015, registered at Police Station Farsh Bazar, Delhi for the offences under sections 302/307/186/353/ 120B/34 IPC & sections 25/27 of the Arms Act, 1959. He is in custody since 03.02.2016.

On 05.07.2016, this Court has observed that:- "

It is the petitioner's case that his children have been admitted to a school in South Delhi after his family shifted their erstwhile dilapidated residence in East Delhi; that although the children have been so admitted, their school fees have not been paid and other financial arrangements also need to be made; that since there is no one else in his family to arrange for their school fees etc., the children's right will be irreparably affected if the school fees is not paid on time; enable him to get his children admitted in school and also to look after his ailing wife..." Thereafter, on 11.07.2018 it was recorded that:- "

According to the Status Report handed over to the Court today, the School concerned at Bhogal has confirmed that the

petitioner's children have not been granted admission in the School and that no fees has been paid."

The learned counsel for the petitioner states upon instructions that the School Authorities have informed the representative of the petitioner that once the school fees are paid, the petitioner's children will be admitted in class 3 and 5.

In the aforesaid circumstances, a case is made out by the petitioner for grant of the interim bail. Consequently, the petitioner is enlarged on interim bail for a period of two weeks from the date of his release on furnishing a personal bond in the sum of Rs.15,000/- with one surety of the like amount to the satisfaction of the Trial Court concerned, subject to the following conditions:- (i) the petitioner will regularly appear on each and every date of hearing to be fixed by the Court concerned;

(ii) the petitioner will not try to influence, contact or meet the complainant and prosecution witnesses in any manner; (iii) the petitioner will not leave the country without prior permission of the Court and the passport, if any, shall be deposited with the Trial Court concerned; and (iv) in case of change of his new address or contact number, the petitioner will promptly intimate to the SHO/IO of the case and intimate the Trial Court.

(v) the petitioner shall surrender before the jail authorities at the expiry of the period of interim bail.

Nothing stated in this order shall be deemed to be an adjudication on the merits of the case.

The petition is disposed-off in the above terms. A copy of this order be given dasti to the learned counsel appearing on behalf of the parties under the signature of the Court Master. NAJMI WAZIRI, J.

JULY 13, 2018 sb