The Patiala House Court has denied interim bail to Dharamvir alias Kalu, an accused in the infamous Kishangarh shootout case in which an AAP worker Ashok Maan was shot in broad daylight in February 2020.
The bail was sought on the grounds that the accused is suffering from hypertension, bronchial asthma, haemorrhoids, and fistula and his medical condition is “critical” and he has not been not relieved of his symptoms despite being provided with medicines.
Additional Sessions Judge Rajinder Singh said earlier interim bail on health grounds was granted to the applicant by the High Court and was extended on several occasions. The regular bail application of the accused is pending before the High Court.
“In such circumstances, this court is not inclined to exercise jurisdiction in the present bail application. Accordingly, the present bail application of accused Dharamvir alias Kalu is dismissed,” the court said.
Public Prosecutor Rhythm Aggarwal, counsel for the complainant, along with Advocate Niraj Tiwari vehemently opposed the bail application.
Aggarwal argued that the court has to look beyond the facade that the accused is trying to create by “misusing medical grounds as a ruse to get bail and disregarding the process of justice”.
It was further submitted that the accused develops “new medical problems time and again” which clearly show that he is using a hit-and-trial method to see which problem can gain the sympathy of the court to grant him bail.
Aggarwal also emphasized that the medical report does not explicitly state that the issues cannot be treated in the jail dispensary and that the jail infrastructure is well equipped to treat inmates.
“Thus one has to see beyond that hoax being created to gain the sympathy of the court by seeking bail on medical grounds,” he said.
Advocate Aggarwal also shed light on the fact that the regular bail application is pending adjudication before the Delhi High Court and that the fact that the accused is in custody has nothing to do with the aspect of delay in trial because the supplementary chargesheet and FSL report are yet to be filed.
Dharamvir was arrested by Delhi Police for allegedly killing an AAP supporter when he was returning from a temple along with party MLA Naresh Yadav in his convoy. Yadav was returning from a temple after Assembly poll results were declared in his favour, and his supporter, Ashok Maan (45), was shot five times.
