A sessions court on Tuesday granted temporary bail to Sonia Pahuja - a co-accused along with her daughter Divya Pahuja in the fake encounter case of Haryana gangster Sandeep Gadoli.
This is the second interim bail plea of Sonia, her previous one was rejected in May this year. Her advocate Sana Raees Khan had said in the present plea that the circumstances had changed as now she is suffering from Tuberculosis. She further told the court that the 43-year-old must be given a change to recover in a family environment as the jail environment is not conducive.
The court in its order granting interim bail to the Haryana resident said that Pahuja is a patient suffering from TB, having less immunity. Under such circumstances, she is more prone to COVID-19 infection if detained in jail which is already overcrowded. Further, if she contracts COVID-19, it would lead to a co-morbid situation, the court said.
Additional Sessions Judge AM Khan also said being released on bail she may get property care and treatment with family as well as nutritious food that a TB patient requires.
The court considered the directions of the Indian Council of Medical Research (ICMR) which had been taken into consideration by the Delhi High Court. The ICMR had stated that patients suffering from HIV, Cancer, chronic kidney dysfunctions, Hepatitis B and C, Asthma and TB are vulnerable. The Delhi High Court had relaxed conditions in respect of prisoners and undertrials suffering from these illnesses.
Gadoli, a Gurgaon-based gangster with 41 cases against him, had been killed in an alleged fake encounter on 7 February 2016 by the Gurgaon police. He was staying at Hotel Airport Metro when Gurgaon police claimed that they entered his room having traced him across states and he fired at them. They fired in self-defense, they claim. Five Gurgaon policemen including a sub-inspector were arrested for the fake encounter. Divya and her mother Sonia were arrested for allegedly being part of the conspiracy and helping the Gurgaon police track the gangster to eliminate him in a fake encounter. Divya was present in the room when the incident took place.