The decision emphasized the importance of considering the specific circumstances and legal provisions when evaluating the grounds for cancellation of anticipatory bail.

ORDER

1. The instant petition under Section 439(2) of the Code of Criminal Procedure, 1973 (hereinafter Cr.P.C.) has been filed on behalf of the petitioner for cancellation of anticipatory bail which was granted to the Respondent No. 2/Accused (hereinafter Respondent No. 2) by learned Additional Sessions Judge, Special Electricity Court, Dwarka vide its order dated 20th January, 2022, passed in Bail Application No. 129/2022 titled State v. Virender Kumar Syal, in FIR No. 617/2021, for offences punishable under Sections 323/341/506 of the Indian Penal Code, 1860, registered at Police Station Dwarka South.

2. Mr. Ramesh Gupta, learned senior counsel assisted by Mr. Jaspreet Singh Kapur, Advocate appearing on behalf of the petitioner submitted that learned Additional Sessions Judge failed to appreciate that the petitioner is a handicapped person with 60 per cent disability in his leg due to polio, and the said fact was well within the knowledge of the Respondent No. 2. It is submitted that the Respondent No. 2 had beaten the petitioner with danda (wooden stick) which caused multiple fractures on his legs and hand.

3. Learned senior counsel appearing on behalf of the petitioner submitted that the Respondent No. 2 has committed a grave offence under the provisions of The Rights of Persons with Disabilities Act, 2016 and he has referred to Section 92 of the said Act and submitted that according to the said provision, the offence committed by the Respondent No. 2 is punishable with imprisonment for a term which may extend upto 5 years.

4. Learned senior counsel for the petitioner has also shown the CCTV footage to this Court and submitted that the petitioner was beaten by the Respondent No. 2 continuously even after the petitioner fell down.

5. Learned senior counsel for the petitioner vehemently submitted that after looking at the footage of the CCTV, it is crystal clear that the Respondent No. 2 has given multiple injuries to the disabled person/petitioner, and therefore, the Respondent No. 2 was not entitled to any discretion under Section 438 of the Cr.P.C. of the Court concerned. It is also submitted that the petitioner is a practicing lawyer aged about 55 years and he is the president of the Residents Welfare Association (RWA) of his society for more than 20 years. He is a reputed person in the society and was beaten by Respondent no. 2 grievously.

6. Learned senior counsel for the petitioner further submitted that in view of the above facts and circumstances, it is a fit case for cancellation of the anticipatory bail granted by the Court below.

7. Mr. Panna Lal Sharma, learned APP for State has supported the status report and submitted that the complaint got registered and MLC of the petitioner was done. As per the opinion of the Doctor, the petitioner had sustained grievous injuries. It is also submitted that a notice under Section 41A of the Cr.P.C. had been served to Respondent No. 2 on 12 December, 2021 to join the investigation on 13 December, 2021 but he had sent a request to provide some more time to join investigation due to his medical condition.

8. Learned APP for State submitted that Respondent No. 2 has joined the investigation on 21st January, 2022 after he was granted anticipatory bail by the Court below. With reference to the para 10 of the status report, it is submitted that upon joining the investigation, Respondent No. 2 was asked to produce the weapon of offence i.e. danda (wooden stick) to the Investigating Officer, but the same has not yet been produced by him.

9. Learned APP has also prayed for the cancellation of the bail and supported the version, contentions and submissions made by the learned senior counsel appearing on behalf of the petitioner.

10. Per contra, Mr. Pramod Kumar Dubey, learned senior counsel appearing on behalf of Respondent No. 2 vehemently opposed the instant petition and submitted that he has always cooperated with the investigation and has appeared on 21st January, 2022 and joined the