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Bail Appln.1385/2015 Page 1 HIGH COURT OF DELHI
Date of Order: July 16, 2015
Date of Order: July 16, 2015
BAIL APPLN. 1385/2015
KAMLA ..... Petitioner
Through: Mr. Sunil Mehta, Advocate
KAMLA ..... Petitioner
Through: Mr. Sunil Mehta, Advocate
VERSUS
STATE (NCT OF DELHI) ..... Respondent
Through: Mr.Vinod Diwakar, Additional Public Prosecutor for respondent-
State with SI Vijay Pal PS Sagarpur
Through: Mr.Vinod Diwakar, Additional Public Prosecutor for respondent-
State with SI Vijay Pal PS Sagarpur
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR O R D E R (ORAL)
Crl.M.A.No.9994/2015 (Exemption)
Allowed subject to all just exceptions.
Bail Application No.1385/2015 Petitioner is facing trial in an NDPS case and seeks interim bail by way of this application.
Learned counsel for petitioner submits that petitioner has been earlier granted interim bail as her husband had to undergo an operation for removal of the kidney stone and she did not misuse
2015:DHC:5665 Bail Appln.1385/2015 Page 2 the interim bail granted to her. Learned counsel for petitioner submits that now husband of petitioner has to undergo Hernia operation on 21st July, 2015 at 11:00 A.M. Attention of this Court is drawn to copy of the medical record (Annexure B colly.)
Upon hearing and on perusal of trial court’s order of 6th July, 2015 refusing interim bail to petitioner, copy of medical record and the earlier order of 5th February, 2015 granting interim bail to petitioner, I find that on an earlier occasion, interim bail was granted to petitioner because his son-Jitender was in custody.
Change in circumstances is that petitioner’s son-Jitender is now out on interim bail, though for looking after his mentally retarded daughter. Pertinently, petitioner has three other sons, who can look after their ailing father. Therefore, grant of interim bail to petitioner is not at all called for.
This application is accordingly dismissed.
(SUNIL GAUR)
JUDGE
JULY 16, 2015 vn 2015:DHC:5665
Crl.M.A.No.9994/2015 (Exemption)
Allowed subject to all just exceptions.
Bail Application No.1385/2015 Petitioner is facing trial in an NDPS case and seeks interim bail by way of this application.
Learned counsel for petitioner submits that petitioner has been earlier granted interim bail as her husband had to undergo an operation for removal of the kidney stone and she did not misuse
2015:DHC:5665 Bail Appln.1385/2015 Page 2 the interim bail granted to her. Learned counsel for petitioner submits that now husband of petitioner has to undergo Hernia operation on 21st July, 2015 at 11:00 A.M. Attention of this Court is drawn to copy of the medical record (Annexure B colly.)
Upon hearing and on perusal of trial court’s order of 6th July, 2015 refusing interim bail to petitioner, copy of medical record and the earlier order of 5th February, 2015 granting interim bail to petitioner, I find that on an earlier occasion, interim bail was granted to petitioner because his son-Jitender was in custody.
Change in circumstances is that petitioner’s son-Jitender is now out on interim bail, though for looking after his mentally retarded daughter. Pertinently, petitioner has three other sons, who can look after their ailing father. Therefore, grant of interim bail to petitioner is not at all called for.
This application is accordingly dismissed.
(SUNIL GAUR)
JUDGE
JULY 16, 2015 vn 2015:DHC:5665
JUDGMENT