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$-3 &6 HIGH COURT OF DELHI
BAIL APPLN. 2816/2015
NEERAJ AGGARWAL Petitioner
Through: Mr.S.P.M. Tripathi, Adv.
BAIL APPLN. 2816/2015
NEERAJ AGGARWAL Petitioner
Through: Mr.S.P.M. Tripathi, Adv.
VERSUS
STATE OF NCT OF DELHI Respondent
Through: Mr.M.P. Singh, APP for theState.
Through: Mr.M.P. Singh, APP for theState.
BAIL APPLN. 2819/2015
RAMESH CHAND AGGARWAL Petitioner
Through: Mr.S.P.M. Tripathi, Adv.
RAMESH CHAND AGGARWAL Petitioner
Through: Mr.S.P.M. Tripathi, Adv.
VERSUS
STATE OF NCT OF DELHI Respondent
Through: Mr.M.P. Singh, APP for theState.
Through: Mr.M.P. Singh, APP for theState.
CORAM:
HON'BLE MR. JUSTICE V.P.VAISH
28.12.2015 Crl.M.A. No.19056/2015 in BAIL APPLN. 2816/2015
Crl.M.A. No.19059/2015 in BAH. APPLN. 2819/2015
Exemption allowed subject to all just exceptions.
The application stands disposed of.
28.12.2015 Crl.M.A. No.19056/2015 in BAIL APPLN. 2816/2015
Crl.M.A. No.19059/2015 in BAH. APPLN. 2819/2015
Exemption allowed subject to all just exceptions.
The application stands disposed of.
BAIL APPLN. 2816/2015
BAIL APPLN. 2819/201S These bail applications are filed under Section 439 Cr.P.C. read with 482 Cr.P.C. seeking bail in case FIRNo.34/12 under Sections
Page 1 of3 2015:DHC:10887 406/420/467/468/34 IPG registered at PS EOW, Delhi.
Learned counsel for the petitioners submit that the petitioners have been falsely implicated in this case and they are in judicial custody since 27.04.2014. He also submits that co-accused Jhon
Augustine has been granted anticipatory bail. He also submits that co-accused Pawan Solani has been granted interim bail and other co- accused persons are also onbail except thepetitioners.
Mr.S.P.N. Tripathi, learned counsel for the petitioners submits that he is not pressing the application for regular bail at this stage.
However, he requests for grant of interimbail.
Learned counsel for the petitioners submits that Smt.Krishna
Aggarwal, wife ofpetitioner-Ramesh Chand Aggarwal and mother of
Mr.Neeraj Aggarwal is suffering from Spngilitys and she had undergone surgery of spinal cord. He also submits that Kumari
Shailia Aggarwal, daughter of petitioner-Ramesh Chand Aggarwal and sister of petitioner-Neeraj Aggarwal is disabled with 50% permanent disability as per disability certificate issued by Dr.Baba
Saheb Ambedkar Hospital. He also submits that there is no other person to look after Smt.Krishna Aggarwal.
Learned counsel for the petitioners further submits that the petitioner-Ramesh Chand Aggarwal is admitted in ICU of DDU
Hospital due to heart ailment.
Learned APP for the State submits that petitioner-Ramesh
Chand Aggarwal was arrested on 27.12.2012 and he was admitted to interim bail in February 2013. After completing the investigation, Page 2 of3 charge-sheet was filed against Ramesh Chand Aggarwal on
02.11.2013 and supplementarycharge-sheet was filed on 08.07.2014.
The petitioner-Neeraj Aggarwal is in judicial custody since
21.04.2014.
Mr.M.P. Singh, learned APP for the State, on instructions, submits that Investigation Officer has confirmed that the petitioner
Ramesh Chand Aggarwal isadmitted inICU ofDDU Hospital.
Considering the fact that Ms.Shailia Aggarwal, daughter of
Ramesh Chand Aggarwal and sister of Neeraj Aggarwal is disabled with 50% permanent disability as per disability certificate issued by
Dr.Baba Saheeb Ambedkar Hospital, Delhi, the fact that Smt.Krishna
Aggarwal, wife of Smt.Ramesh Chand Aggarwal and mother of
Mr.Neeraj Aggarwal has undergone surgery, the fact that the petitioner Ramesh Chand Aggarwal is admitted in ICU of DDU
Hospital as well as the fact that charge-sheet has already been filed, in my view the petitioners are entitled to interim bail for aperiod oftwo months on furnishing their personal bond in the sum of Rs.50,000/- each (Rupees fifty thousand) with one surety ofthe like amount each to the satisfaction ofthe concerned trial Court/Duty MM. However, the petitioners shall not leave the country without prior permission of the trial Court.
Thepetitions stand disposed of DASTI. V.P.VAISH
(VACATION JUDGE)
DECEMBER 28,2015/gm Page 3 of3
BAIL APPLN. 2819/201S These bail applications are filed under Section 439 Cr.P.C. read with 482 Cr.P.C. seeking bail in case FIRNo.34/12 under Sections
Page 1 of3 2015:DHC:10887 406/420/467/468/34 IPG registered at PS EOW, Delhi.
Learned counsel for the petitioners submit that the petitioners have been falsely implicated in this case and they are in judicial custody since 27.04.2014. He also submits that co-accused Jhon
Augustine has been granted anticipatory bail. He also submits that co-accused Pawan Solani has been granted interim bail and other co- accused persons are also onbail except thepetitioners.
Mr.S.P.N. Tripathi, learned counsel for the petitioners submits that he is not pressing the application for regular bail at this stage.
However, he requests for grant of interimbail.
Learned counsel for the petitioners submits that Smt.Krishna
Aggarwal, wife ofpetitioner-Ramesh Chand Aggarwal and mother of
Mr.Neeraj Aggarwal is suffering from Spngilitys and she had undergone surgery of spinal cord. He also submits that Kumari
Shailia Aggarwal, daughter of petitioner-Ramesh Chand Aggarwal and sister of petitioner-Neeraj Aggarwal is disabled with 50% permanent disability as per disability certificate issued by Dr.Baba
Saheb Ambedkar Hospital. He also submits that there is no other person to look after Smt.Krishna Aggarwal.
Learned counsel for the petitioners further submits that the petitioner-Ramesh Chand Aggarwal is admitted in ICU of DDU
Hospital due to heart ailment.
Learned APP for the State submits that petitioner-Ramesh
Chand Aggarwal was arrested on 27.12.2012 and he was admitted to interim bail in February 2013. After completing the investigation, Page 2 of3 charge-sheet was filed against Ramesh Chand Aggarwal on
02.11.2013 and supplementarycharge-sheet was filed on 08.07.2014.
The petitioner-Neeraj Aggarwal is in judicial custody since
21.04.2014.
Mr.M.P. Singh, learned APP for the State, on instructions, submits that Investigation Officer has confirmed that the petitioner
Ramesh Chand Aggarwal isadmitted inICU ofDDU Hospital.
Considering the fact that Ms.Shailia Aggarwal, daughter of
Ramesh Chand Aggarwal and sister of Neeraj Aggarwal is disabled with 50% permanent disability as per disability certificate issued by
Dr.Baba Saheeb Ambedkar Hospital, Delhi, the fact that Smt.Krishna
Aggarwal, wife of Smt.Ramesh Chand Aggarwal and mother of
Mr.Neeraj Aggarwal has undergone surgery, the fact that the petitioner Ramesh Chand Aggarwal is admitted in ICU of DDU
Hospital as well as the fact that charge-sheet has already been filed, in my view the petitioners are entitled to interim bail for aperiod oftwo months on furnishing their personal bond in the sum of Rs.50,000/- each (Rupees fifty thousand) with one surety ofthe like amount each to the satisfaction ofthe concerned trial Court/Duty MM. However, the petitioners shall not leave the country without prior permission of the trial Court.
Thepetitions stand disposed of DASTI. V.P.VAISH
(VACATION JUDGE)
DECEMBER 28,2015/gm Page 3 of3
JUDGMENT