SHAILENDER SINGH Vs. STATE, NCT OF DELHI

JUDGEMENT

(1.) This is the second application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS'), on behalf of the Applicant praying for an extension of interim bail for a period of sixty days in CRL.M.(BAIL) NO. 542/2025 in BAIL APPLN. 889/2025 in FIR No. 613/2019 registered at PS Paschim Vihar West under Ss. 365/302/392/376/411/201/34 of the Indian Penal Code, 1860 ('IPC').

(2.) This Court, vide order dtd. 20/3/2025, granted interim bail to the Applicant. The interim bail of the Applicant was extended from time to time by this Court vide orders dtd. 9/4/2025, 15/4/2025, 17/4/2025 and 28/4/2025.

(3.) Thereafter, the Applicant has filed the present Application seeking extension of the interim bail, which was listed before this Court for the first time on 5/5/2025. It was submitted that although the period of interim bail granted vide order dtd. 20/3/2025, was to expire on 5/5/2025, the Applicant's hip surgery was fixed on 6/5/2025 and, because the Applicant was not in a position to move, an extension of interim bail was sought. This Court vide order dtd. 5/5/2025, extended the interim bail for one week while making it clear that in case the surgery was not performed within a week, the Applicant shall surrender before the Jail Superintendent on expiry of one week from 5/5/2025 and that the interim bail shall not be extended on the same ground again. On 13/5/2025, it was submitted on behalf of the Applicant that since the blood sugar level of the Applicant was high, the surgery could not be performed within one week from 5/5/2025. Accordingly, the interim bail of the Applicant was extended for a one week from 13/5/2025 and it was made clear that if during that period, the Applicant was not taken up for surgery, he shall surrender on expiry of one week from 13/5/2025.