CRIMINAL WRIT PEITION FILED BY THE PETITIONER UNDER ARTICLES 226 & 227 OF THE CONSTITUTION

IN THE MATTER OF:**

XXXXX .…APPLICANT/APPELLANT

VERSUS

XXXXX .…RESPONDENT

      INDEX

      Applicant/Appellant

Through

Delhi. Through

Date Counsel

IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

(CRIMINAL APPELLATE JURISDICTION)

CRIMINAL MISC. BAIL NO _____ OF 20XX

CRIMINAL APPEAL NO. XX OF 20XX

IN THE MATTER OF:

XXXXX …APPLICANT/APPELLANT

VERSUS

XXXXX .…RESPONDENT

To,
The Hon'ble Joint Registrar,
Hon’ble High Court of Delhi,
New Delhi.

   Sir,

Kindly treat the present application as an urgent one as per the Rules of Hon'ble High Court of New Delhi. The applicant/appellant has recently undergone the Hip Replacement surgery on XXXX and Hon’ble Court vide order dated- XXXX extended the interim bail till XXXX and now the applicant/appellant seeks further twelve weeks time after the hip replacement surgery since his condition is not normal and he is not able to move properly and therefore, the ground of urgency is mentioned in the application “Application for urgent hearing is sought for.”

      Applicant/Appellant

Through

Delhi. Through

Date Counsel

      IN THE HON’BLE HIGH COURT OF DELHI AT NEW DELHI

      (CRIMINAL APPELLATE JURISDICTION)

      CRIMINAL MISC. BAIL NO _____ OF 20XX

      CRIMINAL APPEAL NO. XXX OF 20XX

IN THE MATTER OF:

XXXXX …APPLICANT/APPELLANT

      VERSUS

XXXX …RESPONDENT

FIR No. XXX/20XX at

      PSXXXX

U/s 354 / 376 / 506 /195A IPC.

APPLICATION FOR AND ON BEHALF OF THE APPLICANT UNDER SECTION-439, READ WITH SECTION-482 OF THE CODE OF CRIMINAL PROCEDURE, 1973, FOR EXTENSION OF INTERIM BAIL FOR TWELVE WEEKS IN THE CASE ARISING OUT OF THE FIR NO: XXX/20XX, P.S: XXX, U/S: 354/376/506/195A INDIAN PENAL CODE AND SESSION CASE BEARING NO. XXX/20XX (XXX/XXX), PASSED BY SH.XXXX, LD. ASJ, WEST DISTRICT, TIS HAZARI COURTS, NEW DELHI

1. That the Applicant/Appellant has preferred the aforementioned Appeal against the Order of Sentence dated XXXX and Order on Conviction XXXX passed by the Ld. Trial Court of Shri XXXX , ASJ(SFTC) - 01, West, Tis Hazari Courts, New Delhi whereby the Learned Court held the Petitioner Guilty and Convicted him Under Sections 354/376 IPC and Acquitted under Section 506/508 IPC and thereafter sentenced him for Rigorous Imprisonment.

2. That the Applicant/Appellant by virtue of the Present Application seeking extension of interim bail for TwelveWeeks. That the Applicant/Appellant fairly states before this Hon’ble Court that vide Order dated- XXXX, this Hon’ble Court was pleased to extend the interim bail to the applicant/appellant for the purpose of his Hip replacement surgery of applicant/appellant on XXXX and this Hon’ble Court was pleased to order for the same fact from the IO to verify the fact regarding the surgery of “Hip replacement on XXXX of applicant and instructed to IO to submit a report at least one week before the next date of hearing and the matter for fixed for XXXX

3. That the contents of the Criminal Appeal are not repeated for the sake of brevity as through present application, Applicant is only pressing of the extension of interim bail for Twelve Weeks, as the Surgery of the Applicant/Appellant is scheduled after the outcome of all the necessary tests of appellant.

4. That the Applicant/Appellant states that the Applicant/Appellant at present is under observation of Dr. XXXX of XXX Hospital and it is also important to mention here that the applicant was admitted to the Hospital on XXXX and discharged on XXXX after the “Hip replacement Surgery” and the Applicant/Appellant states that he visited the concern doctor on dated XX , 20xx and again on XXXX , he visited to doctor since the applicant/appellant was feeling so much of problems due to surgery and he was not able to move properly and there was one problem diagnosed by the doctor and the same could clots on lungs, since he was having fever & cough after two-three days of surgery and doctor advised for certain tests & X-ray. The Reports as well as the Prescription along with other reports report are appended alongside the present application.

5. That it is most humbly submitted that due to after effects of the Surgery of the Applicant/Appellant and the matter is fixed for XXXX, as a result of which the Applicant/Appellant seeks extension of the Interim Bail on the Ground of the fact that the condition of applicant/appellant is really very bad and not able to stand properly and doctor asked for 12 weeks complete rest and physiotherapy.

6. In view of above, the interim bail of Applicant/Appellant is needed to be extended at least for a period of Twelve weeks, in lieu of the aforementioned submissions and the Applicant/Appellant is also placing all the medical records, which can also be duly verified.

7. That the Applicant/Appellant craves leave to add any other ground at a later stage with the permission of this Hon’ble Court.

8. That the Applicant/Appellant has no other efficient remedy except to approach the Hon’ble Court of Justice.

9. That the Applicant/Appellant has not approached to any other court or tribunal except the details as mentioned in the present petition.

It is most respectfully prayed that this Hon’ble Court may be pleased to:

A. pass an order for extension of interim bail for a period of Twelve weeks, in a case bearing FIR No. in case FIR No. XXX/20XX, under Sections 376/354/506/195A IPC, registered at P.S. XXXX, New Delhi in the interest of justice.

Pass any other order in favour of the petitioner, which the Hon’ble Court may deem fit and proper in the interest of the justice.

      Applicant/Appellant

Through

Delhi.

Date Counsel

IN THE HIGH COURT OF DELHI AT NEW DELHI

CRIMINAL MISC. BAIL NO _____ OF 2022

CRIMINAL APPEAL NO. XXXX OF 20XX

IN THE MATTER OF:-

XXXXX …APPLICANT/APPELLANT

VERSUS

XXXX …RESPONDENT

FIR No. XXX/20XX at

P.S XXX

U/s 354 / 376 / 506 /195A IPC.

I, XXXX, XXXX of Appellant W/o XXXX, aged 45 years, resident of XXXR, New Delhi, hereinafter referred as ‘Deponent”, do hereby solemnly affirm as under:

1. That I am XXXX being the wife of appellant in the above mentioned criminal appeal and am fully conversant with the facts deposed to in the present appeal.
   

2. That the contents of accompanying Interim Application are true to my personal knowledge and record and no material has been concealed and no part is false and the contents of the same be read as a part hereof, which are not being repeated herein for the sake of brevity and repetition.
   

DEPONENT

VERIFICATION

I, XXXX the abovenamed deponent do hereby verify on oath that the contents of the affidavit above are true to my personal knowledge and nothing material has been concealed or falsely stated. Verified at New Delhi on this XX

   DEPONENT