Shyam Singh v. The State (NCT of Delhi)

Delhi High Court · 27 Apr 2015 · 2015:DHC:10624
Sunita Gupta
BAIL APPLN. 556/2015
2015:DHC:10624
criminal petition_dismissed

AI Summary

Interim bail was denied as the petitioner's presence was not required for completing formalities, which could be done within jail under supervision.

Full Text
Translation output
$15, 16 HIGH COURT OF DELHI
BAIL APPLN. 556/2015
SHYAM SINGI-I Petitioner
Through: Mr.Nipun Bhardwaj, Advocate
VERSUS
THE STATE (NCT OF DELHI) Respondent
Through: Mr.O.P.Saxena, APP for the State alongwith
Sub Inspector Surendra Singh from Police Station Fatehpur Ben.
BAIL APPLN. 557/2015
SHYAM SINGH Petitioner
Through Mr.Nipun Bhardwaj, Advocate
VERSUS
THE STATE (NCT OF DELHI) Respondent
Through: Mr.O.P.Saxena, APP for the State alongwith
Sub Inspector Surendra Singh from Police Station Fatehpur Ben.
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
27.04.2015 Vide these applications the petitioner seeks interim bail for a period of one month in case FIR Nos.106/10 and 109/10 on the ground that first cousin brother of the petitioner namely Madan Lal, ex-employee of Indian Air Force died on
01.03 .2014. The petitioner was adopted by the father of late Madan Lal being his nephew. As per the Will executed by late Shri Dharam Pal, father of deceased late Madan La! he nominated the petitioner as his nominee of his movable and immovable properties after his demise and now after the demise of his cousin brother he has received a letter from the Office of Indian Air Force whereby he is required to visit Civil Administration, Air Force Station, Arjangarh to complete the formalities of getting his non effective dues as soon as possible. As such, interim bail for a period of one month is sought on the ground that he is required
2015:DHC:10624 to complete the formalities.
As per the status report filed by the State the concerned department gave in writing that presence of next kin is not required and the requisite documents can be collected by his family members. Counsel for the petitioner then submitted that there is no male family member of the petitioner to collect the documents as such he may be sent in custody to complete the formalities. State was thereupon directed to take instructions from the concerned department as to on which date and time the petitioner may be produced. Today a letter dated 27.04.2015 sent by
RJA Nasir, Wing Commander, Officer-in-Charge, Civil Administration has been filed to the effect that the presence of Shyam Singh, brother of late Madan La! is not required in the office for completion of non effective documents formalities of late Madan Lal however the documents are required to be signed by Sh Shyam
Singh and may be attested/witnessed by jail authorities. He is also required to produce a certificate of legal heir of late Madan Lal. In view of the same, the petitioner can sign the documents in the jail itself in the presence of
Superintendent Jail concerned and thereafter the same be attested by the Jail
Superintendent. The department will be at liberty to get the other formalities completed for getting non effective dues of late Madan Lal.
The applications stand disposed of.
A copy of this order be sent to Superintendent Jail for information and compliance.
SUNITA GUPTA, J APRIL 27, 2015 mb .1 2015:DHC:10624
JUDGMENT