Ramesh Chand Aggarwal v. State Of NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2817/2015 RAMESH CHAND AGGARWAL Petitioner Through:
Mr.S.P.M.Tripathi,Adv.
versus STATEOF NCT OF DELHI Respondent Through:
Mr.Kamal Ghai, APP for the State.
+ BAIL APPLN. 2818/2015 NEERAJ AGGARWAL Petitioner Through:
Mr.S.P.M.Tripathi,Adv.
versus STATEOF NCT OF DELHI Respondent Through:
Mr.Kamal Ghai, APP for the State.
CORAM:
HON'BLE MR. JUSTICE V.P.VAISH
ORDER
% 28.12.2015 Crl.M.A. No.19057/2015 in BAIL APPLN. 2817/2015 CrLM.A. No.19058/2015 in BAIL APPLN. 2818/2015 Exemptionallowedsubjectto alljustexceptions.
The applicationstandsdisposedof BAIL APPLN. 2817/2015 BAIL APPLN. 2818/2015 These bail applicationsare filed under Section 439 Cr.P.C. read with482 Cr.P.C.seekingbailin caseFIRNo.175/09underSections Page I of3 By:AMULYA
406/420/467/468/34IPG registeredatPS EOW, Delhi. Learnedcounsel for the petitionerssubmit that the petitioners have been falsely implicatedin this case and they are in judicial custody since 29.04.2014.
He also submits that co-accusedCol.B.
Basra and Rajan Jain have been released on bail. Mr.S.P.N.Tripathi,learnedcounselfor the petitionerssubmits that he is not pressingthe applicationfor regularbail at this stage. However, he requests for grant of interim bail. Learned counsel for the petitioners submits that Smt.ICrishna Aggarwal,wife ofpetitioner-RameshChandAggarwaland motherof Mr.Neeraj Aggarwal is suffering from Spngilitys and she had undergone surgery of spinal cord.
He also submits that Kumari Shailia Aggarwal, daughter of petitioner-RameshChand Aggarwal and sister of petitioner-NeerajAggarwal is disabled with 50% permanentdisabilityas per disabilitycertificateissued by Dr.Baba Saheb Ambedkar Hospital. He also submits that there is no other personto look afterSmt.KrishnaAggarwal.
Leanred counsel for the petitionerssubmits that charge-sheet was filed against Ramesh Chand Aggarwal and supplementary charge-sheetwas filedinApril2014.
Learned counsel for the petitioners fiirther submits that the petitioner-RameshChand Aggarwal is admitted in ICU of DDU Hospital due to heart ailment.
Learned APP for the State submits that petitioner-Ramesh ChandAggarwalwas arrestedin 2011 and he was admittedto
interim bail on 22.03.2012 and he absconded. Thereafter,he was arrestedon 29.04.2014.He fiirthersubmitsthat the petitionerNeeraj Aggarwalwas declaredproclaimedoffenderand he was arrestedon 29.04.2014.
Mr.Kamal Ghai, learned APP for the State, on instructions, submits that InvestigationOfficer has confirmedthat the petitioner RameshChandAggarwalis admittedin ICU ofDDU Hospital. Consideringthe fact that Ms.Shailia Aggarwal, daughter of Ramesh Chand Aggarwaland sister of Neeraj Aggarwal is disabled with 50% permanentdisabilityas per disabilitycertificateissued by Dr.BabaSaheebAmbedkarHospital,Delhi,the fact that Smt.ICrishna Aggarwal, wife of Smt.Ramesh Chand Aggarwal and mother of Mr.Neeraj Aggarwal has undergone surgery, the fact that the petitioner Ramesh Chand Aggarwal is admitted in ICU of DDU Hospitalas well as the factthatcharge-sheethas alreadybeen filed, in my view the petitionersare entitledto interimbail for aperiodoftwo months on fiimishingtheir personalbond in the sum of Rs.50,000/- each (Rupeesfifty thousand)with one suretyofthe like amounteach to the satisfactionofthe concernedtrial Court/DutyMM. However, the petitionersshall not leavethe countrywithoutpriorpermissionof the trial Court.
Thepetitionsstanddisposedof DASTI.
.
(VACATION JUDGE) DECEMBER 28,2015/gm