The Delhi High Court on Monday granted time to the petitioner's counsel to take instructions on the plea seeking cancellation of interim bail granted to Sushil Kumar on the grounds of treatment of his wife.
Sushil Kumar is one of the 18 accused in the Sagar Dhankar Murder case. He was granted interim bail for two weeks. He surrendered on November 13.
Justice Amit Sharma said, "Interim bail was granted on medical grounds, there is no violation of condition and he has surrendered. No survives in the petition."
The court granted time to the petitioner's counsel to take instructions and listed the matter on December 20.
Advocate Sameer Kumar, the counsel for the petitioner submitted that they are not on the point whether the accused has surrendered and the plea has become infructuous. We are on that the bail should have been granted on merit.
It was also submitted that there was a threat perception witnesses and three eyewitnesses are yet to be examined.
The order of trial court would be used as precedent by other accused, the petitioner counsel submitted.
The bench said that the order granting interim bail cannot be used as precedent.
The counsel also said that they have not been supplied with a copy of the reply.
The court directed the counsel for Sushil Kumar to supply the copy to the petitioner and listen to the matter for the next date.
The Delhi High Court on November 11 issued notice on two pleas seeking cancellation of interim bail.
The pleas moved by Ashok Dhankhad, the father of Sagar, through advocate Sameer Kumar submitted that the trial court, while granting interim bail to Sushil Kumar, failed to appreciate the threat aspect to the victims and witnesses.
The trial court also failed to appreciate the fact that Savi, the wife of Sushil Kumar, is the daughter of wrestler Mahabali Satpal, the petitioners had submitted.
A Delhi Court on November 4 granted interim bail to wrestler Sushil Kumar for the surgery of his wife who is suffering from lower back pain. Surgery was scheduled on November 7.
The court had directed to deploy two security personnel for surveillance and his security also.
Additional Sessions Judge Shivaji Anand had granted interim bail to Sushil Kumar till November 12 on furnishing personal bond of Rs. One lakh and two sureties in the like amount. The court had imposed many strict conditions while granting bail.
The court said, " Keeping in view the medical condition of the wife of the accused and also considering the fact that there are two minor children, this Court is of the view that presence of the applicant/accused will be required, he is ordered to be release on interim bail till 12.11.2022 on his furnishing personal bond in the sum of Rs. 1 Lakh with two sureties in the like amount.
The court directed him to surrender before the concerned Jail Superintendent afterexpiry of interim bail period on 13.11.2022.
Keeping in view the threat perception of the witnesses and also considering the safety and security of the accused himself at least two security personnel shall be present with him roundthe clock to keep vigil over the accused, the court ordered on November 4.
As deploying two security personnel would incur additional expenditure on the concerned authority, it is directed that amount of Rs.10,000 per day will be borne by the accused for deployment of security persons/policemen for keeping surveillance over the activitiesof the accused and also for the security of the accused, the court had directed.
The amount of Rs.10,000 per day be deposited with the Jail Superintendentconcerned in advance. He is further directed not to threaten the prosecution witnesses or tamper with evidence or indulge in any crime.
( With inputs from ANI )
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