The court granted interim bail based on the genuine medical grounds for the petitioner's mother's surgery, highlighting the principle of parity with previous bail decisions.

Headnote:(A) Indian Penal Code - Sections 419, 420, 406, 467, 468, 471, 120B, 201 - Grant of interim bail - The petitioner sought interim bail on the ground of mother's sickness and an upcoming surgery - Exemption allowed for the bail application based on the genuine medical reports and previous interim bail granted for similar grounds (Paras 1-5).

(B) Bail - The principle of parity is reaffirmed as the petitioner was previously granted bail for a month in a related FIR - The prior grant of interim bail and the genuine medical grounds necessitate the granting of bail (Paras 2-4).

Facts of the case:
The petitioner sought interim bail due to the urgency of his mother's surgery scheduled for December 1, 2022, and previously received interim bail in another case under similar circumstances.

Findings of Court:
Bail granted for one month on conditions including a bond and regular attendance at the police station.

Issues: The key issues addressed include the genuineness of medical grounds for bail and precedent in granting bail under similar circumstances.

Ratio Decidendi: The court found the medical reports credible and previous interim bail decisions substantiated the decision to grant bail on similar grounds.

Result: Interim bail granted for one month.

Table of Content
1. grounds for bail application. (Para 1)
2. arguments for and against bail. (Para 2 , 3 , 4)
3. conditions for granting interim bail. (Para 5)
4. disposal of the bail petition. (Para 6)

JUDGMENT

Dinesh Kumar Sharma, J. (Oral)

CM APPl.24916/2022 (exemption)

Exemption allowed subject to all just exceptions.

BAIL APPLN.3571/2022

1. Present bail application has been moved for interim bail on the ground of sickness of the mother of the petitioner. It has been submitted that the surgery of the mother of the petitioner/accused is fixed for tomorrow, i.e., 01.12.2022 at Metro Plus Hospital, Najafgarh, Delhi.

2. Learned counsel for the petitioner submits that on this similar ground, the petitioner has been granted interim bail for one month in case FIR No.333/2021 registered at P.S. Patel Nagar under Sections 419/420/406/467/468/471/120B/201 IPC.

3. Learned counsel for the petitioner submits that though he was granted bail in FIR No.333/2021, but vide the impugned order dated 23.11.2022, the learned Additional Sessions Judge, Dwarka Courts, New Delhi dismissed the bail application. Learned counsel for the petitioner seeks interim bail on the grounds of parity.

4. Learned Addl. P.P. for the State has very fairly submitted that the medical reports filed by the petitioner are found to be genuine. However, he submits that on similar grounds earlier the interim bail was granted even by this Court for two weeks and during that period the surgery was not conducted. Learned Addl. P.P. submits that it seems that the accused is taking this ground time and again only to get out of the jail.

5. In view of the fact that the accused has been granted interim bail in case FIR No.333/2021 for a period of one month and the fact that the medical reports have been found to be genuine, the accused is admitted to interim bail for a period of one month on furnishing a personal bond of Rs.50,000/- with one surety of the like amount to the satisfaction of the Trial Court subject to the following conditions:

(i) the accused shall not leave Delhi during this period;

(ii) the accused shall provide his mobile number to the Investigating Officer and shall keep his location on;

(iii) the accused shall also physically present himself before the Investigating Officer on every Thursday during these 4 weeks at 5 pm at Police Station Janakpuri. In case the Investigating Officer is not available or busy in investigating some other case, the petitioner may mark his attendance in the DD register.

6. Accordingly, the present petition stands disposed of.

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