A Delhi court has dismissed gangster Neeraj Bawania’s application for a six-week interim bail to take care of his wife, calling the plea a misuse of the process of law”.
She is alone, in need of a surgery and has no support as she married him without her family’s approval, Bawania said in the plea.
The dismissal of the plea came after the court found that Bawania remained absconding for 16 months after he was granted interim bail in 2013 when his wife was in ICU at the time.
Additional Sessions Judge Parveen Singh noted that Bawania’s lawyer, Jitender Sethi, submitted a verbatim bail application which was earlier dismissed by a trial court, except this time he changed the name of the lawyer. Bawania is in jail in connection with an MCOCA case.
“There is force in the contentions of the Additional Public Prosecutor that this bail application is a misuse of the process of law. I say so because this application is in verbatim the same and had been moved by Advocate Jitender Sethi, and as the court was not inclined to grant bail,… Sethi had withdrawn the bail application on 07.06.2021. What has been done by the counsel herein is that only the name of the counsel has been changed and the signature has been appended but the judgments cited and the contentions on this bail application remain the same,” the court said.
Bawania’s lawyer Ankit Karna told the court that his wife “has been diagnosed to be suffering from Prolapsed Intervertebral Disc (PIVD) and the latest MRI report, dated 16.05.2021, shows that her condition has deteriorated.” Karna further submitted that there was no responsible adult to look after her and that she has been advised surgery.
But the court noted that Bawania’s “previous conduct disentitles him for grant of any interim bail”.
It said that he was earlier granted interim bail after the medical documents of his wife were verified. “While his wife was ill, the accused absconded and illegally remained at large for more than a year. Therefore, as the conduct of the applicant/accused reveals that earlier also despite the condition of his wife, he had absconded; the apprehension, that if released on interim bail, he may again abscond cannot be ruled out,” the court said.
The court also perused the medical prescription of Bawania’s wife and said that “no MRI has been prescribed to the wife of the applicant/accused.”
“There is no advice for surgery. There is clinical evaluation after the MRI and advice for surgery. Therefore, on this ground no bail cannot be granted,” the court said.
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