Neeraj Aggarwal v. State Of NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2816/2015 NEERAJAGGARWAL Petitioner Through:
Mr.S.P.M.Tripathi,Adv.
versus STATEOF NCT OF DELHI Respondent Through:
Mr.M.P.Singh,APP for the State.
+ BAIL APPLN. 2819/2015 RAMESHCHANDAGGARWAL Petitioner Through:
Mr.S.P.M.Tripathi,Adv.
versus STATEOF NCT OF DELHI Respondent Through:
Mr.M.P.Singh,APP for theState.
CORAM:
HON'BLE MR. JUSTICE V.P.VAISH
ORDER
% 28.12.2015 Crl.M.A. No.19056/2015in BAIL APPLN. 2816/2015 Crl.M.A. No.19059/2015in BAH. APPLN. 2819/2015 Exemptionallowedsubjectto alljustexceptions.
The applicationstandsdisposedof.
BAIL APPLN. 2816/2015 BAIL APPLN. 2819/201S Thesebail applicationsare filed underSection439 Cr.P.C.read with 482 Cr.P.C.seekingbail in caseFIRNo.34/12underSections By:AMULYA
406/420/467/468/34IPG registeredat PS EOW, Delhi. Learnedcounsel for the petitionerssubmit 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 anticipatorybail. He also submits that co-accusedPawan Solanihas been granted interimbail and other coaccusedpersonsare also onbail exceptthepetitioners. Mr.S.P.N.Tripathi,learnedcounselfor the petitionerssubmits that he is not pressingthe applicationfor regularbail at this stage. However,he requestsfor grant of interimbail.
Learned counsel for the petitioners submits that Smt.Krishna Aggarwal,wife ofpetitioner-RameshChandAggarwaland motherof 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-RameshChand Aggarwal and sister of petitioner-NeerajAggarwal is disabled with 50% permanentdisabilityas per disabilitycertificateissued by Dr.Baba Saheb AmbedkarHospital. He also submits that there is no other personto lookafterSmt.KrishnaAggarwal.
Learned counsel for the petitioners further submits that the petitioner-RameshChand Aggarwal is admitted in ICU of DDU Hospital due to heart ailment.
Learned APP for the State submits that petitioner-Ramesh ChandAggarwalwas arrestedon 27.12.2012and he was admittedto interimbailin February2013. Aftercompletingthe investigation,
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 InvestigationOfficer has confirmedthat the petitioner RameshChandAggarwalisadmittedinICU ofDDU Hospital. Consideringthe fact that Ms.ShailiaAggarwal, daughter of Ramesh Chand Aggarwaland sister of Neeraj Aggarwalis disabled with 50% permanentdisabilityas per disabilitycertificateissued by Dr.Baba SaheebAmbedkarHospital,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 Hospitalas well as the factthatcharge-sheethas alreadybeenfiled, in my view the petitionersare entitledto interimbail for aperiodoftwo months on furnishingtheir personalbond in the sum of Rs.50,000/- each (Rupeesfifty thousand)with one suretyofthe like amounteach to the satisfactionofthe concernedtrial Court/DutyMM. However, the petitionersshallnot leavethe countrywithoutpriorpermissionof the trial Court.
Thepetitionsstanddisposedof DASTI.
V.P.VAISH (VACATION JUDGE) DECEMBER 28,2015/gm