Khalo Yadav & ORS v. State NCT Of Delhi

$~16 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1744/2017 KHALO YADAV & ORS ..... Petitioners Through:

Mr.Harish Pandey, Adv.

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

Dr.M.P.Singh, APP.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 20.09.2017 The petitioners seek bail in connection with FIR No.284/2008 dated 03.08.2008 (P.S.Punjabi Bagh) instituted for the offences under Sections 308/323/427/147/148/149 and 34 of the IPC (pending trial before the Court of learned Additional Sessions Judge-04 (West), Tis Hazari Courts, Delhi in Sessions Case No.57594/2016).

The petitioners had been appearing before the Trial Court on all dates but had sought exemption from their appearance on 07.07.2017 which was allowed by the Trial Court subject to furnishing of medical certificates/documents within four days of passing of the said order on 07.07.2017. The Court while accepting the exemption application had directed that in case of the medical certificates not being furnished within four days, non bailable warrants of arrest would be issued against them.

It has been submitted that because of the floods in the home state of the petitioners, the medial certificates as directed by the Trial Court could not be furnished. However, when the petitioners appeared before the Trial Court on 28.07.2017, their bail was cancelled and they were taken into custody.

The petitioners have remained in jail since 28.07.2017. Considering the facts and circumstances, the petitioners are directed to be released on bail on their furnishing bonds in the sum of Rs.5,000/- each with two sureties of the like amount to the satisfaction of the Trial Court.

The petitioners shall participate in the trial and would not absent themselves from the proceedings unauthorisedly or without seeking permission from the Trial Court.

The application is disposed of.

Dasti.

ASHUTOSH KUMAR, J SEPTEMBER 20, 2017 k