Mr. D.Ohlan, Adv. v. STATE OF NCT OF DELHI

1. Whether Reporters of local papers may be allowed to see the judgment ?

2. To be referred to the Reporter or not ?

3. Whether the judgment should be reported in the Digest ? 2011:DHC:4448 V.K. SHALI, J.(Oral) Crl.M.B.No.886/2011 in Bail Appl. No.694/2011 Crl.M.B.No.882/2011 in Bail Appl.No.645/2011

1. These are two bail applications filed by the petitioner on the ground that the petitioner has a daughter aged around 9 years and that she is suffering from an ailment/mental disorder. The petitioner’s daughter is presently being looked after by an Orphanage i.e. Cornerstone Church, J-15 Basement, Vikas Puri, New Delhi.

2. It has been alleged that the Orphanage is not sending the daughter of the petitioner to school and therefore, she would like her daughter to be admitted in some school if she is granted interim bail.

3. The petitioner has also stated that her daughter is suffering from a mental ailment and is undergoing treatment to get it cured.

4. Status report has been filed. SI Rajesh Verma was sent to verify the facts mentioned in the bail applications of the petitioner. No relative of the petitioner was found residing at the given address i.e. H.No.WZ-67A, Old Shahpuira, Tilak Nagar, Delhi. On further inquiries, it has transpired that the father of the petitioner Sh.Surinder Singh is living at H.No.326, Street-19, Sant Garh, Tilak Nagar, Delhi who has stated that after the arrest of his daughter/the petitioner, he got his granddaughter i.e. Parampreet admitted in a Life Center Academy School and put her in Suraksha Hostel. He has denied that his grand daughter is suffering from any ailment till the time she was admitted to the school.

5. This fact was also verified by Ms.Vinita Bhalla, Principal/Director of the Life Center Academy and Suraksha Girls Home, Satya Niketan, Moti Bagh, New Delhi that Parampreet was a student of their school from 23.1.2010 till 15.3.2010. She has also stated that at the time of joining the school, the student was medically fit.

6. So far as the medical record of the petitioner’s daughter is concerned, there is an OPD card bearing No.33284/11 dated 24.4.2011 issued by the name of Parampreet prepared by BSA Hospital, Rohini, Delhi where she is undergoing treatment from Dr.Satya Dev Dahiya although the CT imaging does not reveal any abnormality.

7. I have heard the learned counsel for the petitioner and perused the record.

8. So far as the discontinuation of the studies of the petitioner’s daughter is concerned, the same has been done more than a year and a half ago, therefore, it cannot be said that this ground of discontinuation of studies has arisen now. Hence, there is no ground for the extension of benefit of interim bail to the petitioner immediately.

9. Further, the daughter of the petitioner is also not suffering from any ailment which would necessitate immediate attention by the present petitioner. On the contrary, it has come in the report that the petitioner’s father is there to look after his granddaughter.

10. It has also been by learned APP that before this also she has been repeatedly availing of this benefit at a regular interval on the ground of her daughter. Out of 34 witnesses, 28 have already been examined.

11. I do not find it to be a fit case to exercise the discretion in favour of the petitioner as I find the bonafides of the petitioner for grant of interim bail to be suspect when the case is almost at the penultimate stage.

12. Accordingly, both the applications are dismissed. V.K. SHALI, J. AUGUST 30, 2011 RN