Pankaj Shehrawat @ Pankaj v. State NCT of Delhi

1. The petitioner has filed the present petition for extension of interim bail, which is expiring on 18.05.2022. The petitioner was released on interim bail vide order dated 06.04.2022 in bail application No. 904/2022 passed by a Coordinate Bench of this Court. The said order reads as under: “1. The petitioner is seeking grant of interim bail on the ground the petitioner is suffering from chronic ligament rapture of left knee with ACL graphed (Articular Cartilage in Lateral Tibia Femoral Condyles) repulse.

2. It is stated the applicant is suffering with acute pain and is not able to walk or sit properly and now he has been advised for 2022:DHC:1889 reconstruction of the same.

3. It is also stated earlier the petitioner had undergone the above surgery about 12 years ago at Action Balaji Hospital, Paschim Vihar, Delhi but the said problem has reoccurred and now the surgery is scheduled for 07.04.2022.

4. It is stated he would require an extensive post operative care which includes proper nourishment, diet and complete bed rest for about 3-4 weeks.

5. Admittedly, the petitioner has been on bail earlier on occasions also, one of which is vide order dated 23.06.2020 in Bail Application no.1071/2020 of this court and hence in the circumstances stated above, the petitioner is admitted to interim bail for a period of six weeks from the date of his release on his furnishing a bail bond in the sum of Rs.50,000/- with two sureties of the like amount to the satisfaction of the trial court subject to the following conditions:i. Petitioner shall surrender his passport to the IO, if not already done so, and shall reside only within the territorial limits/ jurisdiction of Delhi; and ii. during the period of interim bail, Petitioner shall report to concerned SHO on every alternate day; and iii. Petitioner shall not approach any witnesses or threaten them or try to hamper with the evidence so as to create impediment to the holding of the fair trial. In case, there is slightest effort on the part of the accused to misuse the liberty, the prosecution shall file an application in this court immediately for the cancellation of his interim bail; and iv. Petitioner shall also not interact with any person other than his family members or doctors and his known, either directly or on mobile phone or any other mode of communication; and v. petitioner shall provide his as well as the sureties mobile numbers to the IO / SHO concerned; and vi. Petitioner shall also inform the IO/SHO concerned of the medical condition of the wife from time to time.

6. Petition is allowed and disposed of. Pending application, if any, also stands disposed of.

7. Order dasti.”

2. The ground for extension of bail is that he was suffering from Chronic Ligament Rapture of left knee with ACL graphed (Articular Cartilage in Lateral Tibia Femoral Condyles) repulse, the applicant was having acute pain and was not able to walk or sit properly and he had been advised an operation. The petitioner was granted interim bail by this Hon’ble Court and on his release the petitioner has reported for surgery. However, he was found to be having tenderness and acute pain for which he was prescribed treatment and then on 07.05.2022, the petitioner has undergone requisite PAC test and thereafter his surgery was performed on 08.05.2022 and his left knee has been put under bandage/plaster and he requires complete bed rest for about 8 weeks. The relevant medical certificates are stated to be annexed.

3. Notice was issued. Status report has been submitted by the prosecution. Copy supplied.

4. The status report mentioned that on 23.03.2022, the present petitioner had moved bail application No. 904/2022 before this Court on the ground that he was suffering from chronic ligament rapture of left knee with ACL graphed (Articular Cartilage in Lateral Tibia Femoral Condyles) repulse and has been advised for reconstruction of the same. The petitioner had earlier undergone the said surgery 12 years ago. The surgery was scheduled for 07.04.2022, hence on 06.04.2022 he was enlarged on interim bail for a period of six weeks and now he has sought the extension of the said period by two months.

5. The petitioner had visited Aalok Hospital on 07.05.2022 and he was advised to undergo surgery. On 08.05.2022 his surgery was conducted and he was discharged from hospital on 09.05.2022. The verification done by the police officials from the hospital states that on enquiry Aalok Hospital had replied that the patient had visited the hospital for the first time on 07.05.2022 and he was discharged on 09.05.2022. He was advised to come back after three days for follow up in OPD but the petitioner did not report back.

6. The CCTV footage from the hospital from 08.05.2022 and 09.05.2022 shows that the petitioner, along with two armed persons and others had come to the hospital on both days; inside and outside the hospital and there were 3-4 cars and over 8 people armed with weapons along with the petitioner 24X[7] in the hospital. Some photographs have also been enclosed.

7. It has been submitted that the petitioner has violated the conditions imposed by this Court on 06.04.2022. It has been further submitted that the petitioner, during his interim bail of six weeks, also went on to show off his armed men to the general public in the said hospital, which is clear from CCTV footage and he has violated the bail conditions imposed on 06.04.2022, hence he be not granted extension of the bail.

8. I have heard Mr. Jitendra Sethi, Advocate for the petitioner and Mr. Ravi Nayak, learned APP, on behalf of the State. 8.[1] Mr. Sethi has argued that the present petitioner is in custody for more than five years. Till date, only 27 of the 195 witnesses have been examined and the case is progressing at a snail’s speed. It has been wrongly mentioned in the report that Action Balaji Hospital had given the date of 07.04.2022 for new operation of the present petitioner, rather the said date was given by Safdarjung Hospital, when the petitioner was taken to the said hospital from Jail. Aalok Hospital, run by Dr. Alok Gupta, is a very renowned hospital, in which the petitioner was taken on 07.05.2022 and he was duly operated on 08.05.2022 and he still needs 60 days to fully recover; so the extension of bail has been prayed.

9. On the other side, learned APP has reiterated the contents of the status report.