Final Order 2

Order Details: COPY OF ORDER
Pdf Text: Bail Application no. 2268/22
FIR no. 364/22
U/s 420/12B IPC
PS: Special Cell
State Vs. Jatin Lamba
24.12.2022
Present: Sh.Ashok Kumar, Ld. Addl. PP for the State.
Sh.Gaurav Chitkara, Ld.counsel for the applicant/accused
Jatin Lamba.
IO/Inspector Avadesh Kumar in person.
This is the bail under Section 439 Cr. PC moved on behalf of
applicant/accused Jatin Lamba for grant of regular bail. However, on
23.12.2022, Ld.counsel for the applicant/accused submitted that he does
not want to press his application for regular bail and prayed that his
application may kindly be considered for grant of interim bail on medical
grounds.
In view of submissions IO was directed to verify the medical
documents/record of the applicant/accused and the Jail Superintendent
concerned was also directed to file report regarding medical condition of
the applicant/accused.
Reply to the bail application by investigating officer filed.
Detailed report on the medical condition of the
applicant/accused is also received from Jail Superintendent, Central Jail
no.4, Tihar, New Delhi.
Arguments on the bail application heard. Record perused.
It is submitted by Ld. Counsel for the applicant/accused that
the applicant has donated his lever to his father in the year 2017 and at
present he is having health issues. That the health condition of the
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FIR no. 364/22: PS: Special Cell
State Vs. Jatin Lamba
applicant/accused is deteriorating everyday due to the surgeries. It is
prayed that looking at the medical condition of the applicant/accused, he
may kindly be enlarged on interim bail for a period of 40 days.
On the other hand bail application is strongly opposed by Ld.
Addl. PP for the state. It is argued that the allegations against the
applicant/accused are grave and serious. That no immediate medical
intervention is required. It is therefore requested that the bail application
may kindly be dismissed.
It is submitted by Ld.counsel for the applicant/accused that
the accused has donated his liver to his father in the year 2017. Ld.counsel
for the applicant/accused has placed on record the copy of the discharge
summary dated 12.06.2017 of the Institute of Liver and Biliary Sciences,
however, in the same only regarding the admission of the
applicant/accused as donor is mentioned. All the documents regarding
donation of liver by the applicant/accused is not placed on record.
Therefore, in the absence of relevant record, I am not convinced with the
contention raised by Ld.counsel for the applicant/accused in this regard.
Verification report of medical documents of the
applicant/accused is filed by investigating officer. It is reported by Medical
Officer IN charge, Central Jail No.4, Tihar, New Delhi that the applicant is
having complaint of pain abdomen with few episodes of nausea and
vomiting.
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FIR no. 364/22: PS: Special Cell
State Vs. Jatin Lamba
The detailed report filed by the investigating Officer and Jail
Superintendent supports the submissions regarding ailment of the
applicant/accused. The medical documents placed on record by the
applicant/accused also corroborate the contention raised with regard to the
medical condition of the applicant/accused.
Looking at the report received from Jail Authorities and
investigating officer, I find force in the contention raised on behalf of the
applicant/accused. Considering the nature of ailment of the
applicant/accused, I am inclined to adopt a humanitarian approach.
Accordingly the present interim bail application under Section 439 Cr. PC
moved on behalf of applicant/accused Jatin Lamba is allowed. The
applicant/accused Jatin Lamba is admitted to interim bail for a period
of 15 days from the date of his release, on furnishing bail bond in the
sum of Rs.1,00,000/- with one surety in the like amount to the
satisfaction of Ld. CMM/Ld.MM/Duty MM/Link MM and subject to
the following conditions:
(a) The applicant/accused shall not leave the NCT of Delhi
without prior permission of the court.
(b)The applicant shall not tamper with evidence nor
otherwise indulge in any act or omission that is unlawful or that would
prejudice the proceedings in the pending matter;
(c)The applicant shall furnish to the Investigating Officer/
S.H.O., a cell phone number on which the applicant may be contacted
at any time and shall ensure that the number is kept active and
switched-on at all times and shall share his live location daily in the
morning and evening with the investigating officer.
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FIR no. 364/22: PS: Special Cell
State Vs. Jatin Lamba
(d) The applicant/accused shall not use the interim bail for
other purposes, except his medical treatment.
On completion of period of interim bail of fifteen days
from the date of his release from the Jail, the applicant/accused Jatin
Lamba will surrender before the Jail Superintendent concerned.
With these observations the bail application moved on behalf
of applicant/accused Jatin Lamba is disposed off.
In compliance of Sanjay Singh Vs. State (Govt. of NCT of
Delhi), Writ Petition Criminal no. 974/22, copy of this order be sent to
the concerned Jail Superintendent to convey the order to the inmate.
Copy of this order be given dasti to Ld.counsel for
applicant/accused.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
24.12.2022
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