Order 25

Order Details: COPY OF ORDER
Pdf Text: IA No. 10-23 SC 38-23
STATE Vs. Sanjay Kumar
FIR No. 174/22
PS Crime Branch
U/sec 15/25/29 NDPS Act
20.12.2023
This is an application under section 439 CrPC for extension
of interim bail for the period of 30 days moved on behalf of
accused/applicant Sanjay Kumar.
Pr: Ms. Promila Singh, Ld. Addl. PP for the State.
Sh. Ankit Mutreja, ld. Counsel for
accused/applicant.
It is submitted on behalf of accused that
accused/applicant was admitted to interim bail for the purpose of
surgery of Calculus removal from Uterus on 02.11.2023. It is
further submitted that after the surgery, wife of accused/applicant
was facing some major complications and thereafter, doctor
suggested for 'Dilatation of Urethral Stricture' on 10.12.2023 and
accordingly, accused was again admitted to interim bail for
period of 15 days vide order dated 09.12.2023. It is submitted
that due to health issue of wife of accused/applicant surgery
could not be conducted and now same is scheduled for
20.12.2023. Hence, it is prayed that interim bail of
accused/applicant be extended for 30 days as there is no other
member available to take care the patient.
On the other hand, Ld. Addl. PP for the State has
vehemently opposed extension of interim bail application.
Submissions heard. Record perused.
Interim bail was granted to the accused on the
ground that of surgery of Calculus removal on 02.11.2023.
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Thereafter, doctor advised her for Dilatation of Urethral Stricture
ans surgery was schedule for 10.12.2023 and he again admitted
to interim bail vide order dated 09.12.2023. As per medical
documents the patient again visited the doctor on 10.12.2023 and
doctor planned for release of stricture and asked the patient to
come after 10 days i.e., 20.12.2023. But on 17.12.2023 she again
visited the doctor without any fresh complainant. If doctor had
advised her to visit on 20.12.2023 then why she visited the doctor
on 17.12.2023 without any fresh complaint. In the prescription
date d17.12.2023 doctor again advised her to get admitted on
27.12.2023 without assigning any reason for delaying the
procedure. Therefore, it seems that wife of the accused is
deliberately avoiding the procedure so that accused may get
extended his interim bail period.
Considering the overall conduct of the accused, I
find no merit in the application and same is dismissed
accordingly.
Accused is directed to surrender before Jail
Authority today itself.
Copy of this order be sent to Jail Superintendent for
intimation.
(Dhirendra Rana)
Special Judge (NDPS):
North, Rohini Courts, Delhi
20.12.2023
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