Satyawan Sehrawat v. State NCT of Delhi

1. The accused/applicant seeks interim bail in cases FIR No. 78/2018 of PS Special Cell for offence under Section 3 and 4 of MCOCA, FIR NO. 887/2006 of PS Punjabi Bagh for offence under Section 302/34 IPC and Section 25/27 of Arms Act, FIR No. 178/2009 of PS Najafgarh for offence under Section 302/201/120B/174A/34 IPC and FIR No. 216/2017 of PS Special Cell for offence under Section 302/307/186/353/34 IPC and Section 25/27/54/59 Arms Act. I have heard learned counsel for accused/applicant and learned APP for State. I have also examined the entire documents on record.

2. The interim bail in these cases is sought by the accused/applicant for a period of six weeks on medical grounds of his father and wife. It is contended on behalf of accused/applicant that his father is suffering with prostate cancer and undergoing Radiotherapy while his wife underwent a surgery and is recuperating. Both of them need a caretaker support.

3. Learned counsel for accused/applicant has taken me through medical record, contending that Radiotherapy of his father occurs five days in a week for which he needs caretaking support. It is further contended that brother of the accused/applicant is resident of Himachal Pradesh, so unable to support his father. As regards wife of the accused/applicant also, it is contended that having undergone a surgery, she also needs a caretaker. Learned counsel for accused/applicant also submits that earlier when released on interim bail on same grounds, admittedly he never misused liberty.

4. On the other hand, learned APP, taking me through the documentary record contends that the accused/applicant is not entitled to any further indulgence in view of serious nature of his crimes. Learned APP submits that the brother of accused/applicant can always take care of their father with the help of wife of the accused/applicant, who has now fully recovered after her surgery.

5. According to the status reports filed by the prosecution side, the accused/applicant is a desperate gangster and habitual offender as well as a Bad Character of Bawana area, involved as a member of organized crime syndicate in various sensational crimes, including extortion/protection money. The status reports specifically enlist as many as 19 FIRs against the accused/applicant involving serious offences including multiple murder cases and cases under MCOCA Act. Of course, the present applications are not on merits of the cases but only on medical grounds of father and wife of the accused/applicant. But keeping in mind the stages of trial of those 19 cases, the court also has to keep in mind as to whether the witnesses of prosecution would be able to depose in court fearlessly.

6. The medical status of wife of the accused/applicant reflects that, as on 05.08.2025, after being discharged from hospital, she is stable. She certainly is available to take care of father of the accused/applicant. Similarly, even brother of the accused/applicant has duty to take care of their father.

7. Further, the status report accompanies statement of one Mr. Dherain Mann, a relative of the accused/applicant who is residing with the father of the accused/applicant and takes care of household work as well as at times takes father of the accused/applicant to hospital. Learned counsel for accused/applicant denies that Dherain Mann is living with father of the accused/applicant. But the said statement of Dherain Mann is his duly signed statement, attested by a Head Constable.

8. It would be significant to note that in view of medical condition of father of the accused/applicant, it certainly cannot be said that within six weeks, he would be able to continue without any support system. Granting interim bail on this ground would be evergreening the liberty in such case. As submitted by both sides, earlier also the accused/applicant was granted interim bail on the same grounds which he availed of and at that time, surgery of wife as well as father of the accused/applicant was in the offing.

9. Considering the above circumstances, at this stage, I do not find these cases fit to grant interim bail. Therefore, these interim bail applications and accompanying applications are dismissed.

10. Copies of this order be sent to the concerned Jail Superintendent for being conveyed to the accused/applicant forthwith. (JUDGE) SEPTEMBER 02, 2025