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* IN THE HIGH COURT OF DELHI AT NEW DELHI

• BAIL APPLN. 114/2020

AAKASH KUMAR ..... Petitioner

Through: Mr.Pradeep Teotia, Advocate

versus

STATE ..... Respondent Through: Mr.Kewal Singh Ahuja, APP for State With Inspector Hira Lal, PS Sonia Vihar

CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA O R D E R % 18.02.2020 Crl.M.A Nos. 3735/2020 and 3736/2020

The matter is fixed for 19.3.2020 and taken up on Crl.M.A. Nos. 3735/2020 filed on behalf of the petitioner seeking amendment of the prayer clause in the petition.

Vide the prayer made in the Bail Appln. 114/2020 dated 20.12.2019 which reads to the effect:

" In view of the above facts and circumstance, it is therefore most respectfully prayed that this Hon'ble Court may kindly be pleased to release the applicant/accused on bail to provide pre and post surgery assistance to his wife. FIR No. 39 of 2017, P.S. SONIA VIHAR U/s 302 I.P.C.

Any other or further order, which this Hon'ble court deems fit and proper in view of the facts and circumstances of the case may please be passed in favour of the applicant/accused."

The applicant now seeks to submit that the prayer clause be read to the effect:

" PRAYER

In view of the above facts and circumstances, it is therefore most respectfully prayed that this Hon'ble court may kindly be please to release the applicant/accused on regular bail in FIR No. 39/2017, U/s 302/34 IPC, PS: Sonia Vihar. Any other of further order, which this Hon'ble Court deems fit and proper in view of the facts and circumstances of the case may please be passed in favour of the applicant/accused.",

submitting thus to the effect that that the applicant seeks the grant of regular bail.

It is inter alia submitted by the learned counsel for the petitioner in reply to a specific Court query that despite the averments made in the Crl.M.A. No. 3736/2020 which is an application seeking early hearing vide paragraph 5, which reads to the effect:

" 5. That the wife of the applicant/accused is in urgent need to of medication and care and if the application for early hearing is not allowed the entire family of the applicant/accused (wife and 2 children-Daughter 6.5 years and son-4.5 years) shall suffer irreparable loss.",

that the applicant is not seeking the grant of bail on the contentions of requirement of medication and care of his wife and that the application be treated only as the application seeking regular bail only on the merits or demerits of the case.

On behalf of the State there is no opposition to the prayer made by the applicant.

In the interest of justice, the prayer is allowed and the amendment sought vide the Crl.M.A. No. 3735/2020 is thus allowed. However, the prayer seeking grant of early hearing vide Crl.M.A. No. 3736/2020 cannot be permitted in view of the Board of this Court.

The applications are disposed of.

Bail Appln. No. 114/2020

The matter be renotified on 19.3.2020, the date already fixed for which date the status report on behalf of the State qua the application now seeking regular bail on merits or demerits of the case be filed.

ANU MALHOTRA, J

FEBRUARY 18, 2020/SV