New Delhi [India], June 30 : The Delhi High Court on Monday granted custody parole of jailed gangster Neeraj Bawania to see her ailing wife and give consent for her surgery. Initially, he had sought interim bail to take care of her.
Bawania is in custody in the case linked to the murder of a rival gang member in a jail van in 2015.
Justice Manoj Jain granted custody parole to Neeraj Sehrawat, alias Bawania, for July 1, between 10 am and 4 pm. His wife is admitted to the Intensive Care Unit (ICU) in Mehta Hospital in Delhi's Pandav Nagar.
The Jail Superintendent has been instructed to make adequate arrangements for his safety, given the high risk involved.
He has been directed not to interact with anyone else except his wife and the concerned doctor.
While granting the custody parole, the high court considered the submissions of the prosecution that there is an apprehension of gang war in Delhi and one person has been killed.
He is a high-risk prisoner and if released on bail, he may pose a danger to himself and to society. He is also a flight risk, Additional Public Prosecutor (APP) Laksh Khanna argued.
Senior advocate N Hariharan, alongwith advocate Siddharth Yadav, appeared for Bawania and submitted that if there is apprehension by the state, his client may be granted custody parole for two days.
Later on, the defence counsel submitted that he may be granted one-day custody parole as there is no one to see her and sign the papers required for surgery. Surgery is imminent, he submitted in response to a query raised by the court.
The High Court on June 25 issued notice on the bail plea of jailed gangster Neeraj Sehrawat alias Bawania. He had sought interim bail to take care of his wife, who is hospitalised.
Bawania moved an application seeking interim bail for six weeks.
Senior advocate N Hariharan appeared for Bawania and submitted that Aarti, the wife of the accused, has been in the ICU since last evening. He needs interim bail to take care of his wife.
It was further submitted that Neeraj Bawania is in custody for last 10 years in a case lodged in 2015. There is a delay in the trial.
It was also submitted that Bawania got married in 2012. Due to long incarceration, Bawania's wife is deprived of his love, affection and care.
On the other hand, APP Lakshay Khanna opposed the plea by submitting that the regular bail plea was dismissed by the High Court in January this year and the delay aspect has been discussed in detail.
He also submitted that the accused, Neeraj Bawania, was involved in 28 cases. He has criminal antecedents. His regular bail was dismissed by the High Court.