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Updated April 10th, 2020 at 15:28 IST

HC refuses interim bail to accused for visiting ailing father during lockdown

The Delhi High Court has refused to grant interim bail to a man, facing trial in a robbery case, to run the fruit business of his father's who is suspected to be suffering from coronavirus, on the ground that it would be difficult to arrange for his commutation to his native place in the lockdown situation.

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The Delhi High Court has refused to grant interim bail to a man, facing trial in a robbery case, to run the fruit business of his father's who is suspected to be suffering from coronavirus, on the ground that it would be difficult to arrange for his commutation to his native place in the lockdown situation.

The man sought interim bail for a month on the ground that his asthmatic ailing father, 65, is unable to earn livelihood as he has been quarantined and is on oxygen cylinder.

Justice Suresh Kumar Kait, who conducted the hearing through video conferencing, noted that the entire country is under lockdown due to COVID-19 or coronavirus which has spread across the world and even if the accused, Rizwan Iqbal, is released on interim bail, he would not be able to meet his father.

The court noted that the residence of the parents of the accused is around 180 km away from Delhi and if he is directed to be released on interim bail, it will be difficult for the state to make special arrangements for his travel from here to Bijnor in Uttar Pradesh. 

“I am conscious about the directions passed by the Supreme Court that in case of extreme urgency, the accused is to be released by making special arrangements so that he can reach the required place safely," the judge said.

READ | Delhi HC Suspends All District Courts' Functioning Amid 21-day Pan-India COVID-19 Lockdown

"In the case in hand, petitioner seeks bail to look after his father's business to earn so that he could provide for survival of his family, but the fact is that his father has already completed 7 days in quarantine and he is left with only 7 more days for the quarantine period to be completed. Thereafter, the situation may get changed,” he added.

The judge further said: “In the present situation, when whole nation is under lockdown and his commute from Delhi to Bijnor will be difficult to arrange and even thereafter, he will certainly commute in the society to run his father's fruit business, therefore, I am of the considered opinion that this is not a case where extreme urgency is there to grant interim bail to the petition. Accordingly, I find no ground to grant bail to the petitioner, the same is dismissed.”

Delhi Police submitted before the court that a visit was conducted at Iqbal's native place and it was found that his father was suffering from critical respiratory and acute asthmatic disease which was causing congestion in breathing and he was using an oxygen cylinder.

The accused is lodged in jail since November 2017 for his alleged involvement in a 2014 incident. A criminal case was lodged at Roop Nagar police station and charges have been framed against him for the alleged offences of robbery, dishonestly receiving stolen property, criminal intimidation and criminal conspiracy under the IPC. 

READ | Delhi HC Suspends Summer Vacations For Courts In The National Capital Amid COVID-19

READ | Delhi HC Suspends Functioning Till April 15 In View Of Coronavirus Restrictions

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Published April 10th, 2020 at 15:28 IST

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