O R D E R

% 05.07.2017

1. By this present application filed under Section 389(1) of Cr. P.C., the applicant, inter-alia seeking grant of interim bail in FIR No. 314/2006 under Sections 307/186/353/34 of the Indian Penal Code registered at Police Station Hazrat Nizamuddin, Delhi. The applicant is stated to be in custody for more than 2 years and 4 months.

2. Mr. L. Ojha, learned counsel for the applicant contended that the conviction of the appellant has caused great psychological breakdown of his wife. Dr. Naresh Kumar, MD of Yashraj Hospital at Sikandrabad, U.P, has advised mental support and care for her. He further contended that the applicant's two small daughters, one in nursery and one in the 1st standard, need care and affection at this stage, which the wife of the applicant is unable to render due to her poor health conditions. Therefore, interim bail must be granted to the applicant in light of the aforesaid circumstances.

3. On the converse, Mr. Ashok Kumar Garg, Addl. Public Prosecutor appearing for the State relied upon the Status Report filed by the Crime Branch in the case and contended that the applicant has also preferred a regular bail application on the same grounds, which is already pending adjudication before this Court and thus, this application must be rejected at this stage.

4. The submissions of learned counsel appearing on behalf of the applicant as well as the submissions of learned Additional Public Prosecutor have been heard and the Status Report placed on record has also been perused.

5. The Status Report filed by the respondent states as under:-

"That, the petitioner has filed this fresh Crl. M (Bail) application in Crl. Appeal No. 721/16 for seeking temporary suspension of sentence and grant of interim bail U/s 389 (1) of Cr.P.C. Vide this application, the applicant claimed the ground for relief as psychological break down of his wife, for which a regular bail has already been sought. The petitioner also annexed certain documents/medical papers issued by Dr. Naresh Kumar, MD, Yashraj Hospital, Sikandrabad, UP. For the same, enquiry has been made from the doctor concerned. It has been reported by the doctor concerned of Yashraj Hospital, Sikandrabad, UP that Mrs. Renu W/o Raj Kumar is suffering from Psychosis/mental disorder/depression since last one year and needs support. The doctor further mentioned that the patient was asked to take opinion in IBHAAS and other Psychiatrist. Copy of the certificate dated 30.06.2017 issued by the doctor concerned is enclosed as Annexure"A". However, no such openion has been ever obtained from IBHAS or any Psychiatrist. Except of dated 14.04.2017 & 18.05.2017, no other medical prescription papers or clinical reports were ever provided by the petitioner's family to prove that Ms. Renu is under treatment for last one year. This clearly indicates some other storey. During enquiry, it was also revealed that Renu is Pradhan (Sarpanch) of village Mahiya Jagir, Sikandrabad U.P. As to how, it is possible to perform the responsibilities of a Pradhan (Sarpanch), if she is suffering from such acute disorder. Further, the petitioner is having 3 brothers, who with family are also residing at the same village. They can look after the wife of the petitioner during her treatment.

That it is also pertinent to mention here that the petitioner is a hardcore criminal and is involved in 3 other criminal cases which 1) case FIR No. 195/05 u/s 302/341 IPC PS Sikandra Bad, UP, 2) case FIR No. 273/05 u/s 302 IPC PS Sikandra Bad, UP & 3) case FIR No. 403/06 u/s 2/3 Gangster Act. PS Sikandra Bad, UP. Copy of the involvements chart is annexed as Annexure "B". In view the antecedents of the petitioner, there is a grave apprehension that he may jump the conditions, if granted any relief."

6. The Status Report has revealed that the wife of the applicant i.e. Mrs. Renu is also the Sarpanch of the village Mahiya Jagir, Sikandrabad, U.P. During the course of arguments, it was not denied by the learned c