Manoj Jain, J
CRL.M.A. 832/2026 (exemption)
Exemption allowed subject to all just exceptions.
BAIL APPLN.97/2026
1. Petitioner had sought interim bail in an ongoing murder trial case arising out of FIR No.116/2023, registered at PS Hazrat Nizamuddin, for the reasons that his father was scheduled to undergo major surgery on 04.01.2026.
2. In view of the reasons given by the petitioner, and after due verification of the medical documents submitted by him, the interim bail was granted to him by the learned Coordinate Bench of this Court on 02.01.2026.
3. As per the said interim bail order, the petitioner is required to surrender on 10.01.2026.
4. Petitioner is also facing trial in one other case pertaining to Maharashtra Control of Organised Crime Act, 1999 (MCOCA), and in said case also, he had moved an application seeking interim bail for the same very reason, and the learned Trial Court vide order dated 22.12.2025 has admitted him to interim bail for a period of thirty days, while also mentioning that as per the report of SHO/IO, the surgery in question was urgent in nature.
5. Such period of thirty days is, reportedly, expiring on 02.02.2026.
6. The Surgery has yet not taken place.
7. The present petition, merely, seeks extension of interim bail so that the petitioner can take care of his father, who is to undergo surgery and also in order to ensure that the other bail order does not get frustrated.
8. Learned Addl. P.P. for the State submits that, ideally, the bail should have been sought when the date for surgery had been scheduled finally and it seems to be a mere ploy to seek extension on the premise that the surgery has not taken place.
9. Learned counsel for the petitioner, on specific instructions, submits that there would not be any further request of extension on any ground, whatsoever, and he would surrender on or before 02.02.2026, irrespective of the fact whether the surgery takes place or not.
10. On the basis of such assurance, the present petition is disposed of with the direction that the interim bail granted by this Court on 02.01.2026 stands extended, on the same terms and conditions, with further direction that the petitioner shall surrender in jail on 03.02.2026 by 5:00 pm and would not be, as undertaken above, permitted to seek any extension on any ground whatsoever.
11. The application stands disposed of in aforesaid terms.
