Manoj Aggarwal v. State

Delhi High Court · 11 Feb 2010 · 2010:DHC:846
V. B. Gupta
Bail Appl. No.2440/2009
2010:DHC:846
criminal appeal_allowed

AI Summary

The Delhi High Court granted interim bail on humanitarian grounds to an accused to care for his critically ill father, subject to strict conditions to safeguard the prosecution's interests.

Full Text
Translation output
Bail Appl. 2440/2009 HIGH COURT OF DELHI Bail App. No.2440/2009
JUDGMENT
reserved on: 10th February, 2010
Judgment delivered on: 11th February, 2010 Manoj Aggarwal
S/o. Sh. Duli Chand, R/o. H.No. D-16/393, Sector-7, Rohini, Delhi. ….Petitioner
Through: Ms. Sima Gulati, Adv.
Versus
State ….Respondent
Through: Ms. Fizani Hussain, APP for State.
Coram:
HON'BLE MR. JUSTICE V.B. GUPTA

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

2. To be referred to Reporter or not? No

3. Whether the judgment should be reported in the Digest? No V.B.Gupta, J. This order shall dispose of application for grant of interim bail for three months filed on behalf of petitioner.

2. In this application, it is stated that father of petitioner is an old patient of Renal failure induced by Diabetes and has been undergoing treatment for the same for the past nine years. All the male family members of the petitioner are in judicial custody except his father, who is totally bed ridden and is required to 2010:DHC:846 Bail Appl. 2440/2009 undergo dialysis at least twice a week. Father of the petitioner has also been advised to get his Kidney transplanted. The petitioner is urgently required for arranging for getting proper treatment of his old and ailing father as there is no other person in the family who can take care of him and as such petitioner may be granted interim bail for a period of three months.

3 In the status report filed by the State, it is stated that father of the petitioner has been admitted in the hospital since 6th February, 2010 and is undergoing treatment of Diabetes with Hypertension with Chronic Kidney disease.

4 Since there is no male member in the family and as father of the petitioner requires medical treatment and is admitted in the hospital since 6th February, 2010, the petitioner is granted interim bail for a period of one month or till his father who is admitted in the hospital is discharged from the hospital, whichever is earlier, subject to his furnishing a personal bond in the sum of Rs.25,000/- with one surety in the like amount to the satisfaction of the Trial Court. During this period of interim bail, petitioner shall have no contact with the prosecution witnesses and shall report once a week at the local Police Station. After expiry of period of interim bail, the petitioner should surrender to the Jail authorities.

5 Accordingly, the present application for interim bail stands disposed of. Dasti. February 11, 2010 V.B.GUPTA, J. J