New Delhi [India], May 15 : The Delhi High Court on Monday issued notice to the Central Government on a plea of a Fugitive Criminal (FC) seeking interim bail for his mother's surgery. He is an accused in a case related to a minor's rape in the US. His extradition inquiry is pending before a Delhi Court.
Justice Amit Sharma issued notice to the Center in the plea moved on behalf of Ratnesh Bhutani. The matter has been listed tomorrow for a hearing. He has sought a four-week interim bail.
Senior advocate Ramesh Gupta and advocate Arpit Batra appeared for the petitioner and submitted that his mother's surgery is fixed for May 21.
It was submitted that the interim bail was granted in January 2023 on the ground of the illness of his mother.
Delhi's Patiala House Court on May 10 dismissed the plea of a Fugitive Criminal (FC) seeking an extension of interim bail in view of his conduct of filing his fake Covid-positive report.
The court directed him to surrender before the jail authorities.
While declining the relief, Additional Chief Metropolitan Magistrate Swati Sharma said, " It is now clear that the FC placed on record his false/fake covid positive report which resulted in grant of some more time to him to remain with his family and look after his parents."
Therefore, in the opinion of this Court, considering the conduct of FC in placing on record the false/fake covid positive report and absence of any immediate medical intervention, no ground is made out to grant him interim bail. Hence, his application seeking interim bail stands dismissed, the court said.
The court had also said, "Moreover, the general medical condition of parents of FC had been duly considered by the Delhi High Court and still the prayer of extension of interim bail was rejected."
The Court pointed out that the surgery of his mother was scheduled to be performed on April 30, 2023, but due to the false/fake covid positive report of his mother, the surgery could not be performed.
"Even though she may have tested covid positive subsequently, as informed by the counsel for FC, however, the said report is not verified yet, so it cannot be relied upon considering the previous conduct of FC," the court said in the order passed on May 10.
Be that as it may, the surgery of his mother is again scheduled for May 21, 2023, which will again depend on certain factors like her general condition stability of vitals etc., therefore, it is not certain whether the surgery is going to actually take place on May 21, 2023, the court had said.
"Considering the entire facts and circumstances of the case, this court is of the opinion that even if the medical document of the mother of FC have been verified and the concerned doctor has certified that his mother needs surgery then also no ground is made out to enlarge him
on interim bail," it opined.
The FC was initially granted interim bail by the High Court of Delhi which was entended subsequently.
Finally, the application for further extension of interim bail was dismissed on April 17, 2023, and the FC was granted liberty to move an appropriate application before the concerned Trial Court in case of any urgent need for surgery of his parents.
The counsel for FC submitted a letter of April 15, 2023, issued by the treating doctor of the mother of FC as per which the surgery of the mother of FC was scheduled for April 30, 2023.
He also placed on record the RTPCR positive report of FC for SARS-COV-2.
The Court directed counsel for Union Of India to verify both the medical documents furnished by FC and gave 10 days' time for the same as per their request.
On May 1, 2023, the counsel for the Union Of India filed the verification report. As per the verification report, the concerned testing lab Kantvam Healthcare informed that "currently we are not operational and not processing the sample in our lab from February month."
The counsel for FC on May 1, 2023 itself also placed on record the covid positive report of FC's mother issued from the same lab. The counsel for UOI got it verified and again the concerned lab gave the report that "currently we are not operational and not processing the sample on our lab from February month".
Ratnesh is an accused in a case of rape of a minor in the USA in 2005. He was arrested from Agra in 2021 after a run of around 17 years in the inputs US police through Interpol.
A request for his extradition is pending before the concerned court in New Delhi.
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