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$-4 & 5 HIGH COURT OF DELHI
BAIL APPLN. 2817/2015
RAMESH CHAND AGGARWAL Petitioner
Through: Mr.S.P.M. Tripathi, Adv.
BAIL APPLN. 2817/2015
RAMESH CHAND AGGARWAL Petitioner
Through: Mr.S.P.M. Tripathi, Adv.
VERSUS
STATE OF NCT OF DELHI Respondent
Through: Mr.Kamal Ghai, APP for the State.
Through: Mr.Kamal Ghai, APP for the State.
BAIL APPLN. 2818/2015
NEERAJ AGGARWAL Petitioner
Through: Mr.S.P.M. Tripathi, Adv.
NEERAJ AGGARWAL Petitioner
Through: Mr.S.P.M. Tripathi, Adv.
VERSUS
STATE OF NCT OF DELHI Respondent
Through: Mr.Kamal Ghai, APP for the State.
Through: Mr.Kamal Ghai, APP for the State.
CORAM:
HON'BLE MR. JUSTICE V.P.VAISH
28.12.2015 Crl.M.A. No.19057/2015 in BAIL APPLN. 2817/2015
CrLM.A. No.19058/2015 in BAIL APPLN. 2818/2015
Exemption allowed subject toall justexceptions.
The application stands disposed of
28.12.2015 Crl.M.A. No.19057/2015 in BAIL APPLN. 2817/2015
CrLM.A. No.19058/2015 in BAIL APPLN. 2818/2015
Exemption allowed subject toall justexceptions.
The application stands disposed of
BAIL APPLN. 2817/2015
BAIL APPLN. 2818/2015
These bail applications are filed under Section 439 Cr.P.C. read with482 Cr.P.C. seeking bailin caseFIRNo.175/09 under Sections
Page I of3 2015:DHC:10889 406/420/467/468/34 IPG registered atPS 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 29.04.2014. He also submits that co-accused Col.B.
Basra and Rajan Jain have been released on bail.
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 interim bail.
Learned counsel for the petitioners submits that Smt.ICrishna
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.
Leanred counsel for the petitioners submits that charge-sheet was filed against Ramesh Chand Aggarwal and supplementary charge-sheet was filed inApril 2014.
Learned counsel for the petitioners fiirther 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
ChandAggarwal was arrested in 2011 and he was admitted to
Page 2 of3 interim bail on 22.03.2012 and he absconded. Thereafter, he was arrested on 29.04.2014. He fiirther submits that the petitioner Neeraj
Aggarwal was declared proclaimed offender and he was arrested on
29.04.2014.
Mr.Kamal Ghai, learned APP for the State, on instructions, submits that Investigation Officer has confirmed that the petitioner
Ramesh Chand Aggarwal is admitted in ICU ofDDU Hospital.
Considering the fact that Ms.Shailia Aggarwal, daughter of
Ramesh Chand Aggarwal and sister ofNeeraj Aggarwal is disabled with 50% permanent disability as per disability certificate issued by
Dr.Baba Saheeb Ambedkar Hospital, Delhi, the fact that Smt.ICrishna
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 fiimishing 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. .
(VACATION JUDGE)
DECEMBER 28,2015/gm Page 3 of3
These bail applications are filed under Section 439 Cr.P.C. read with482 Cr.P.C. seeking bailin caseFIRNo.175/09 under Sections
Page I of3 2015:DHC:10889 406/420/467/468/34 IPG registered atPS 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 29.04.2014. He also submits that co-accused Col.B.
Basra and Rajan Jain have been released on bail.
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 interim bail.
Learned counsel for the petitioners submits that Smt.ICrishna
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.
Leanred counsel for the petitioners submits that charge-sheet was filed against Ramesh Chand Aggarwal and supplementary charge-sheet was filed inApril 2014.
Learned counsel for the petitioners fiirther 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
ChandAggarwal was arrested in 2011 and he was admitted to
Page 2 of3 interim bail on 22.03.2012 and he absconded. Thereafter, he was arrested on 29.04.2014. He fiirther submits that the petitioner Neeraj
Aggarwal was declared proclaimed offender and he was arrested on
29.04.2014.
Mr.Kamal Ghai, learned APP for the State, on instructions, submits that Investigation Officer has confirmed that the petitioner
Ramesh Chand Aggarwal is admitted in ICU ofDDU Hospital.
Considering the fact that Ms.Shailia Aggarwal, daughter of
Ramesh Chand Aggarwal and sister ofNeeraj Aggarwal is disabled with 50% permanent disability as per disability certificate issued by
Dr.Baba Saheeb Ambedkar Hospital, Delhi, the fact that Smt.ICrishna
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 fiimishing 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. .
(VACATION JUDGE)
DECEMBER 28,2015/gm Page 3 of3
JUDGMENT