9911796707
TMI Blog2018 (11) TMI 1930X X X X Extracts X X X X X X X X Extracts X X X X ..... s been mentioned. By the said order, the applicant, who is wife of main accused Yadav Singh was directed to surrender before the court below concerned. He submits that in pursuance of the said order of the Apex Court, the applicant surrendered before the court below on 15.9.2018 and moved a bail application which was rejected by the Special Court, Lucknow on the same day but there was an order of the Apex Court giving liberty to the applicant to approach the higher forum and in the meanwhile for a period of 30 days she shall not be arrested. He further submits that though the said period expired but the applicant moved a time extension application before the Apex Court and the Apex Court on 11.10.2018 has extended the interim protection giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3.2018 filed by the petitioners seeking bail. Paragraph 9 thereof reads as under:- 9. That, all the three applicants above named are present today, i.e., 15.3.2018 before this Hon'ble Court in terms of the order dated 14.3.2018 passed by Hon'ble Supreme Court in the common WP (Crl.) 59 of 2018 preferred by them under Article 32 of the Constitution of India. It is clear from the above that there was a specific averment made in the applicant that the petitioners were present in the Court in terms of order dated 14.3.2018 passed by this Court. Therefore, it was permissible for the Court to treat the said averment as surrender by the petitioners and taken them into custody and then decide the application or bail. Learned counsel h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2018 for hearing the bail application of the applicant. He submits that from a perusal of the bail application it is apparent that only medical ground has been taken for being considered for grant of bail to the applicant and there appears to be no averment made with respect to the merits of the case to which learned counsel for the applicant expressed his wishes to file a supplementary affidavit. So far as ailment of the applicant is concerned, when query was made regarding the same as has been argued by learned counsel for the applicant from learned counsel appearing on behalf of Union of India he showed his inability about knowledge of the same. Learned counsel for the applicant is granted four days' time to file supplementary affi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion shall be taken against her. We further direct that the applicant shall appear before the C.M.O. Ghaziabad along with self attested copy of the memo of bail application along with its annexures on 5.11.2018, who shall constitute a Medical Board consisting of three expert doctors including two lady doctors to get the applicant medically examined regarding her ailment as has been mentioned in paras-4, 5, 6, 7 and 8 of the accompanying affidavit and submit a report to this Court by the next date fixed. The Registrar General is directed to send a certified copy of this order to the trial court concerned forthwith for compliance/necessary information and further send a certified copy of this order to the Director General, Health U.P., who ..... X X X X Extracts X X X X X X X X Extracts X X X X
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