Disposed¶11

Mohd Fahad v. the State NCT of Delhi

Delhi HC9 Jan 2026BAIL APPLN./97/2026

Case brief

AI extract

What is this about?

Interim bail extension on medical grounds; father's major surgery not yet performed; FIR No.116/2023 PS Hazrat Nizamuddin murder trial; parallel MCOCA trial interim bail (order dated 22.12.2025, thirty days) expiring 02.02.2026; unconditional undertaking to surrender and seek no further extension; surrender directed 03.02.2026 by 5:00 pm; Mohd Fahad v. The State NCT of Delhi; BAIL APPLN.97/2026; Justice Manoj Jain; High Court of Delhi; decided 09 January 2026.

What did the court decide?

Extension of the interim bail granted on 02.01.2026 on the same terms and conditions, with the petitioner to surrender in jail on 03.02.2026 by 5:00 pm and no further extension of bail to be sought or permitted. ¶11

Mohd Fahad Vs the State NCT of Delhi — Delhi HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interim bail granted by this Court on 02.01.2026 (to enable the petitioner to attend his father's major surgery originally scheduled for 04.01.2026, with surrender due on 10.01.2026) should be extended, given that the surgery had not yet taken place and the petitioner's parallel MCOCA interim bail was to expire on 02.02.2026.

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Court's answer

On the basis of the petitioner's counsel's assurance, the interim bail granted by this Court on 02.01.2026 stands extended, on the same terms and conditions.

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Ratio / Principle

The petitioner is directed to surrender in jail on 03.02.2026 by 5:00 pm, and, in keeping with his undertaking, is not permitted to seek any further extension of bail on any ground whatsoever.

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Detailed headnote1 paragraphs

Bail Application (BAIL APPLN.97/2026, High Court of Delhi, Manoj Jain J., oral, decided 09 January 2026): Mohd Fahad, facing an ongoing murder trial arising out of FIR No.116/2023, PS Hazrat Nizamuddin, had been granted interim bail by a Coordinate Bench of this Court on 02.01.2026, on verified medical grounds (father's major surgery scheduled for 04.01.2026), with surrender fixed for 10.01.2026. The surgery had not been performed, and in his parallel trial under the Maharashtra Control of Organised Crime Act, 1999 (MCOCA) the Trial Court's interim bail of thirty days (order dated 22.12.2025, reported as expiring on 02.02.2026) stood to expire. While the State's Additional P.P. contended the timing suggested a ploy for extension, counsel for the petitioner gave an unconditional undertaking that no further request for extension would be made on any ground and that he would surrender on or before 02.02.2026 irrespective of whether the surgery took place. On that assurance, the Court disposed of the application, extending the 02.01.2026 interim bail on the same terms and conditions, directing surrender in jail on 03.02.2026 by 5:00 pm, and recording that no further extension would be permitted.

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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% Date of Decision: 09^th January, 2026

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- BAIL APPLN.97/2026

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MOHD FAHAD .....Petitioner Through: Mr. M.M. Khan with Mr. S. Mohd., Advocates.

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versus

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THE STATE NCT OF DELHI .....Respondents Through: Mr. Aashneet Singh, APP for the State CORAM: HON'BLE MR. JUSTICE MANOJ JAIN

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J U D G M E N T (oral)

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CRL.M.A. 832/2026 (exemption)

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Exemption allowed subject to all just exceptions.

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BAIL APPLN.97/2026

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Petitioner had sought interim bail in an ongoing murder trial case arising out of FIR No.116/2023, registered at PS Hazrat Nizamuddin, for the reasons that his father was scheduled to undergo major surgery on 04.01.2026.

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In view of the reasons given by the petitioner, and after due verification of the medical documents submitted by him, the interim bail was granted to him by the learned Coordinate Bench of this Court on 02.01.2026.

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As per the said interim bail order, the petitioner is required to surrender on 10.01.2026.

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Petitioner is also facing trial in one other case pertaining to Maharashtra Control of Organised Crime Act, 1999 (MCOCA), and in said case also, he had moved an application seeking interim bail for the same very reason, and the learned Trial Court vide order dated 22.12.2025 has admitted him to interim bail for a period of thirty days, while also mentioning that as

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BAIL APPLN.97/2026 1

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Signature Not Verified Digitally Signed By:SONIA THAPLIYAL Signing Da te:0 9.01.2026 18:52:17

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per the report of SHO/IO, the surgery in question was urgent in nature.

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Such period of thirty days is, reportedly, expiring on 02.02.2026.

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The Surgery has yet not taken place.

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The present petition, merely, seeks extension of interim bail so that the petitioner can take care of his father, who is to undergo surgery and also in order to ensure that the other bail order does not get frustrated.

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Learned Addl. P.P. for the State submits that, ideally, the bail should have been sought when the date for surgery had been scheduled finally and it seems to be a mere ploy to seek extension on the premise that the surgery has not taken place.

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Learned counsel for the petitioner, on specific instructions, submits that there would not be any further request of extension on any ground, whatsoever, and he would surrender on or before 02.02.2026, irrespective of the fact whether the surgery takes place or not.

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On the basis of such assurance, the present petition is disposed of with the direction that the interim bail granted by this Court on 02.01.2026 stands extended, on the same terms and conditions, with further direction that the petitioner shall surrender in jail on 03.02.2026 by 5:00 pm and would not be, as undertaken above, permitted to seek any extension on any ground whatsoever.

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