BAIL APPLN./2816/2015 of NEERAJ AGGARWAL Vs STATE OF NCT OF DELHI on 28 December 2015

$-3 &6

*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 DELHIRespondentThrough:Mr.M.P.Singh,APP for the State.Through:Mr.M.P.Singh,APP for the State.

+

BAIL APPLN. 2819/2015

RAMESHCHANDAGGARWALThrough:Mr.S.P.M.Tripathi,Adv.

Petitioner

versus

STATEOF NCT OF DELHI

Through:

Respondent

Mr.M.P.Singh,APP for theState.

CORAM:

HON'BLE MR. JUSTICE V.P.VAISH

ORDER%28.12.2015Crl.M.A. No.19056/2015in BAIL APPLN. 2816/2015Crl.M.A. No.19059/2015in BAH. APPLN. 2819/2015

Exemptionallowedsubjectto alljustexceptions.

The applicationstandsdisposedof.

BAIL APPLN. 2816/2015BAIL APPLN. 2819/201S

Thesebail applicationsare filed underSection439 Cr.P.C.read with 482 Cr.P.C.seekingbail in caseFIRNo.34/12underSections

406/420/467/468/34IPG registeredat PS EOW, Delhi.

Learnedcounsel for the petitionerssubmit that the petitionershave been in this case and are in falsely implicated they judicialcustody since 27.04.2014.He also submits that co-accused JhonAugustine has been granted anticipatorybail. He also submits thatco-accusedPawan Solanihas been granted interimbail and other co-accusedpersonsare also onbail exceptthepetitioners.Mr.S.P.N.Tripathi,learnedcounselfor the petitionerssubmitsthat he is not pressingthe applicationfor regularbail at this stage.However,he requestsfor grant of interimbail.

Learned counsel for the petitioners submits that Smt.KrishnaAggarwal,wife ofpetitioner-RameshChandAggarwaland motherofMr.Neeraj Aggarwal is suffering from Spngilitys and she hadundergone surgery of spinal cord.He also submits that KumariShailia Aggarwal, daughter of petitioner-RameshChand Aggarwaland sister of petitioner-NeerajAggarwal is disabled with 50%permanentdisabilityas per disabilitycertificateissued by Dr.BabaSaheb AmbedkarHospital. He also submits that there is no otherpersonto lookafterSmt.KrishnaAggarwal.

Learned counsel for the petitioners further submits that thepetitioner-RameshChand Aggarwal is admitted in ICU of DDUHospital due to heart ailment.

Learned APP for the State submits that petitioner-Ramesh ChandAggarwalwas arrestedon 27.12.2012and he was admittedtointerimbailin February2013. Aftercompletingthe investigation,

charge-sheet was filed against Ramesh Chand Aggarwal on02.11.2013 and supplementarycharge-sheet was filed on 08.07.2014.The petitioner-Neeraj Aggarwal is in judicial custody since21.04.2014.

Mr.M.P. Singh, learned APP for the State, on instructions,submits that InvestigationOfficer has confirmedthat the petitionerRameshChandAggarwalisadmittedinICU ofDDU Hospital.

Consideringthe fact that Ms.ShailiaAggarwal, daughter ofRamesh Chand Aggarwaland sister of Neeraj Aggarwalis disabledwith 50% permanentdisabilityas per disabilitycertificateissued byDr.Baba SaheebAmbedkarHospital,Delhi, the fact that Smt.KrishnaAggarwal, wife of Smt.Ramesh Chand Aggarwal and mother ofMr.Neeraj Aggarwal has undergone surgery, the fact that thepetitioner Ramesh Chand Aggarwal is admitted in ICU of DDUHospitalas well as the factthatcharge-sheethas alreadybeenfiled, inmy view the petitionersare entitledto interimbail for aperiodoftwomonths on furnishingtheir personalbond in the sum of Rs.50,000/-each (Rupeesfifty thousand)with one suretyofthe like amounteachto the satisfactionofthe concernedtrial Court/DutyMM. However,the petitionersshallnot leavethe countrywithoutpriorpermissionofthe trial Court.

Thepetitionsstanddisposedof

DASTI.

DECEMBER 28,2015/gm

V.P.VAISH(VACATION JUDGE)