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High Court of DelhiBAIL APPLN./953/2017

Sumit Singh Grover v. State NCT Of Delhi

2017-05-22Hon'Ble Mr. Justice A. K. Chawla2 pages

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 953/2017 SUMIT SINGH GROVER ..... Petitioner Through Mr. Alok Tripathi, Adv.

versus STATE NCT OF DELHI ..... Respondent Through Mr. Hirein Sharma, Addl. PP for State with SI Ajay Kumar, PS Hari Nagar.

CORAM:

HON'BLE MR. JUSTICE A. K. CHAWLA

O R D E R

% 22.05.2017 CRL. M.A. 8615/2017 (Exemption) Exemption allowed, subject to just exceptions. Application stands disposed of.

BAIL APPLN. 953/2017 By the application filed under Section 439 Cr.P.C., the applicant seeks interim bail for a period of thirty days on the ground of illness/surgery of his mother. For the same reason, the applicant had earlier approached this Court and his application was granted vide order dated 1.5.2017.

In terms of the said order, he has availed interim bail for seven days.

By the application, it is stated that surgery scheduled for his mother could not be undertaken earlier, as the Doctor, who was to perform surgery, was not available and had gone to USA. The instant application proceeds on the premise of a

purported certificate of Chawla Nursing Home dated 5.5.2017 and it records as follows :

"It is certified that Mrs. Manjeet Kaur 62 years female could not come on 2 May as she did not have any attend to give blood and take care of her postoperative.

She come today on 5th may for admission, as Dr. Preet Singh Chawla is out of India will be come back on 19th May, she is advised to come on 27th May for Surgery after arranging blood."

Even, as per the above-said certificate, Doctor, who has to perform surgery, is out of India and the advice to the patient has been given to come on 27th of May after arranging blood. In other words, Doctor, who has to perform surgery, has not by himself, even scheduled any surgery for the patient. During the course of hearing, it has come to notice that the applicant has two sisters and one of them, looks after their mother. The allegations against the petitioner are that he is main accused in kidnapping for ransom and his mobile was also used. Allegations are quite serious. During the course of hearing, on being queried, it transpires that the prosecution evidence is now fixed for 8th July, 2017, having pre-poned from 10th August, 2017. Keeping in view the totality of the facts and circumstances, I do not find any justification to grant this application at this stage. Dismissed.

A. K. CHAWLA, J MAY 22, 2017/rc