Delhi HC grants 45 days interim bail to accused hotel owner to undergo surgery

New Delhi [India], June 17 : The Delhi High Court has recently granted 45 days interim bail to hotel owner Ramesh Kakkar, accused in NDMC Estate officer Mohd Moin Khan murder case.

The High Court has granted him relief on medical grounds.

Khan was shot dead near his house in Jamia Nagar area on May 16, 2016.

Justice Vikas Mahajan granted interim bail for 45 days after considering the application and medical report submitted by the jail authorities.

Kakkar had sought interim bail for a period of 90 days on medical grounds.

While granting relief Justice Mahajan noted, "From the medical record which has originated from the jail itself, it appears that the petitioner is suffering from heart ailment besides other ailment mentioned therein and there is a need for surgical intervention, thus, the petitioner has made out the case for interim bail."

"Accordingly the petitioner is admitted to interim bail for a period of 45 days from the date of release subject his furnishing bail bond in the sum of Rs 20,000 and one Surety Bond of the like amount," Justice Mahajan ordered on June 15.

The High court has imposed certain conditions including the accused shall not leave Delhi without permission of the court, shall attend the court hearing, provide his mobile number, shall not contact the witnesses or family members of the witnesses.

The bench also clarified that at the time of surrendering the petitioner shall furnish record of the surgical procedures he had undergone during the period of interim bail. In the event of failure to furnish such record, no further indulgence shall be given by this court.

Advocate Anand Mishra and Vandita Nain, Counsel for the petitioner argued that the State has taken the things too lightly for an officer who was murdered for denying bribes.

It was submitted by the counsel for accused that he is suffering from certain medical conditions as borne out from the medical report furnished by the jail authority.

He submitted that as observed in the medical report, the petitioner has to undergo Cholecystectomy Haemorhoidectomy and FESS Septoplasty Surgeries.

The high court also considered the medical record which stated that patient is a case of CAD (Coronary Artery Diseases), RHD (Rheumatic Heart Diseases) Type-2 Diabetes Mellitus, CKD (Chronic kidney Diseases) COAD, AVR (Aortic Valve Replacement), anemia, IgA Nephropathy, for which he is under regular follow-up from doctor on duty/jail visiting Medicine SR/RML Hospital and inmate patient is persisting with complaints of on and off chest pain, breathlessness, abdominal pain, bronchial asthma and nasal bleeding.Further Inmate patient is advised for Cholecystectomy Haemorhoidectomy and FESS Septoplasty Surgeries after CAG

(Coronary Angiography).

An FIR was registered at police station Jamia Nagar under sections 302, 120B, 201, 411, 34 of the Indian Penal Code (IPC) and Sections 25 and 27 of the Arms Act.

A Charge sheet was filed by Delhi Police and the case is at the stage of prosecution evidence in Saket Court.

Advocate Anirudh Malhotra appeared for accused and Anand Mishra appeared for the complainant.

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