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Rakesh Kumar Bhola vs Directorate Of Revenue Intelligence

Delhi High Court · Decided on 12 April 2019 · Citation: (2019) 04 DEL CK 0113

HON’BLE JUDGES
Sanjeev Sachdeva, J
ACTS & SECTIONS REFERRED
Narcotic Drugs And Psychotropic Substances Act, 1985 — Section 22, 25, 25A, 29
RESULT
Allowed
CASE NUMBER
Bail Application No. 639 Of 2019
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Judgment

13 paragraphs · 338 words

Sanjeev Sachdeva, J

Crl.M.A.5390/2019 (for condonation of delay in re-filing)

For the reasons stated in the application, the application is allowed. The delay in re-filing the application is condoned.

BAIL APPLN. 639/2019

1.

Petitioner seeks interim bail in complaint No.7520/2016 under Sections 22/25/25A/29 NDPS Act on medical ground.

2.

It is contended that the petitioner is suffering from urinal infection and Hydrosil pain and other diseases.

3.

Status report has been received from Medical Officer, Incharge Jail, who has reported that the petitioner has been advised Cholecystectomy, reassess for Hernia. Further, the Medical Superintendent, R.P. Centre for Ophthalmic Sciences, All India Institute of Medical Sciences has also reported that the petitioner has been advised to undergo surgery for squint correction.

4.

Learned counsel for the petitioner, under instructions from the wife of the petitioner, who is the pairokar, submits that the petitioner would be financially in a position to undergo surgery privately. He further submits that the recovery process post-surgery would be more than four weeks.

5.

Learned counsel for the petitioner further submits that the petitioner was earlier granted interim bail by order dated 08.06.2018 by the Trial Court on the medical ground of illness of his mother and petitioner had duly surrendered in compliance of the said order.

6.

Without commenting on the merits of the case and keeping in view the fact that the medical condition of the petitioner is verified by the medical documents, on petitioner furnishing a bail bond in the sum of Rs.1 lakh with one surety of the like amount to the satisfaction of the Trial Court, petitioner shall be released on interim bail for a period of four weeks.

7.

Petitioner shall not anything which may prejudice either the trial or the prosecution witnesses. Petitioner shall not leave the country without the permission of the Trial Court. Petitioner shall surrender to the concerned jail superintendent on expiry of the period of four weeks.

8.

Petition is allowed in the above terms.

9.

Order Dasti under signatures of the Court Master.