versus CORAM: HON'BLE MR. JUSTICE P.S.TEJI

Similar documents
IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE CRL.M.C. No. 233/2014 Date of decision: 14th February, 2014.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : WILD LIFE PROTECTION ACT, BAIL APPLN. No.1626/2009. Judgment reserved on :20th October, 2011

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO. 408 OF 2018 (Arising out of S.L.P.(Crl.)No.

IN THE HIGH COURT OF JHARKHAND AT RANCHI

IN THE HIGH COURT OF DELHI AT NEW DELHI BAIL APPLN. 1075/2015. versus CORAM: HON BLE MR JUSTICE SIDDHARTH MRIDUL

2. Heard Sri Bhola Singh Patel, learned counsel for the petitioner and Sri Rishad Murtza, learned Government Advocate.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgement delivered on: 2 nd December, CRL.M.C. 2392/2015

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgment delivered on: 20 th October, 2015

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on: 30 th July, CRL.M.C. No.2836/2015. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT :CODE OF CRIMINAL PROCEDURE CRIMINAL M.C. NO.3015 OF 2012 Decided on : 4th January, 2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI ABA No of 2013

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE A.V.CHANDRASHEKARA. CRIMINAL PETITION No.7191/2015

J U D G M E N T (Arising out of SLP(Crl.) No. 5124/06) A.K. MATHUR, J.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE CRL.REV.P. 76/2009 Reserved on: 30th April, 2012 Decided on: 11th July, 2012

CRIMINAL SECTION FREQUENTLY ASKED QUESTIONS (FAQs)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : NDPS ACT. Judgment reserved on :11th November, Judgment delivered on: 06th February, 2012

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE. Judgment reserved on: Judgment pronounced on:

CORAM : HON BLE MR.JUSTICE VIRENDER SINGH, CHIEF JUSTICE HON BLE MR.JUSTICE P.P. BHATT. For the Appellant

Bar & Bench (

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5096/2015 & Crl.M.A /2015 Date of Decision : January 13 th, 2016.

IN THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH)

IN THE HIGH COURT OF DELHI AT NEW DELHI. Crl. Rev. P. No.286/2009

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 997/2014. versus CORAM: HON'BLE MR. JUSTICE P.S.TEJI

IN THE HIGH COURT OF DELHI AT NEW DELHI. versus... Respondent Through Mr.Pawan Bahl, APP AND. Bail Appl. No. 92/2007 Mohd.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE Date of Decision: CRL.A. 121/2010

$~45 * IN THE HIGH COURT OF DELHI AT NEW DELHI. Judgment delivered on:10 th September, 2015

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : BAIL MATTER BAIL APPLN. NO. 4009/2006. Reserved On : January 17, 2007

- 1 - IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE PRADEEP D.WAINGANKAR CRIMINAL PETITION NO.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : BORDER SECURITY FORCE ACT, 1968 Date of Decision: W.P.(C) No.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MR. JUSTICE A.V.CHANDRASHEKARA. CRIMINAL PETITION No.1073/2015

$~30 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.REV.P. 48/2015 Date of decision:

... Respondent Ms.Fizani Husain, APP. 1. Whether the Reporters of local papers may be allowed to see the judgment?

Bar & Bench (

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH BEFORE THE HON BLE MR.JUSTICE B. A. PATIL. CRIMINAL PETITION No /2017

IN THE HIGH COURT OF JHARKHAND AT RANCHI I.A. No of 2014 with I.A. No. 175 of 2011 in Cr.Appeal (D.B.) No. 904 of 2008

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT: INDIAN PENAL CODE Date of decision: CRL.L.P. 598/2011, Crl. M.A.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE W.P.(C) 6034/2013 DATE OF DECISION :

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

IN THE HIGH COURT OF KARNATAKA AT BANGALORE BEFORE: THE HON BLE MR. JUSTICE A.S.PACHHAPURE. CRIMINAL PETITION No.7626 OF 2014

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (C) NO. 14 OF General Insurance Council & Ors.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE. Crl.M.C. 3710/2007. Date of decision: February 06, 2009.

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No of 2015

IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE. W.P. Crl. No. 1029/2010. Decided on: 9th August, 2011.

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CRIMINA PROCEDURE. CRL.REV.P. 523/2009 & Crl. M.A. No /2009(Stay)

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS OF State of Tamil Nadu.Appellant.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3603/2015 & Crl.M.A.12792/2015 Reserved on: Date of decision:

IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE. THE HON BLE Mr. JUSTICE L. NARAYANA SWAMY CRIMINAL PETITION NO.5144 OF 2015

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. Criminal Appeal No 1289 of SK. KHABIR Appellant(s) VERSUS J U D G M E N T

IN THE HIGH COURT OF DELHI AT NEW DELHI. SUBJECT : Delhi Land Revenue Act REVIEW PETITIONS 205, 209/2007

1. The appellant was convicted under section 302 of Indian. Penal Code (for short IPC) vide judgment dated

- 1 - IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MR. JUSTICE PRADEEP D.WAINGANKAR

IN THE HIGH COURT OF JHARKHAND AT RANCHI W. P. (C) No of 2013

IN THE HIGH COURT OF ORISSA, CUTTACK. CRLMC No Of 2006

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO. 932 OF 2016 (Arising out SLP (Crl.) No.

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH DATED THIS THE 3 rd DAY OF JULY, 2014 BEFORE THE HONOURABLE MR. JUSTICE K.N.

IN THE HIGH COURT OF DELHI AT NEW DELHI

versus Through Mr. Saleem Ahmed, ASC for the State with SI Ravi Kumar. Mr. Surender Singh, Adv. for R-2.

*IN THE HIGH COURT OF DELHI AT NEW DELHI

IN THE SUPREME COURT OF INDIA

* HIGH COURT OF DELHI : NEW DELHI. + I.A. Nos /2007 & 5651/2009 in CS(OS) No. 829/2002

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO OF 2015 (Arising out of S.L.P. (Crl.) No of 2015) Versus

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

Bail Pending Petition for Bail

THE GAUHATI HIGH COURT (THE HIGH COURT OF ASSAM, NAGALAND, MIZORAM & ARUNACHAL PRADESH) (ITANAGAR BENCH)

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH BEFORE THE HON BLE MRS. JUSTICE RATHNAKALA

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO.857 OF 2018 (Arising from SLP(Crl.) No.387/2018)

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE. Crl. M.C. No. 377/2010 & Crl. M.A. 1296/2010. Reserved on:18th May, 2011

IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 13 TH DAY OF JUNE, 2014 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.

* IN THE HIGH COURT OF DELHI AT NEW DELHI. + CRL.M.C. 4966/2014 & Crl. M.A /2014. Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : CODE OF CRIMINAL PROCEDURE CRL.L.P. 316/2013 DATE OF DECISION :

THE HIGH COURT OF KARNATAKA (CONTEMPT OF COURT PROCEEDINGS) RULES, 1981

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4158/2015 Date of Decision : January 08 th, versus CORAM: HON'BLE MR. JUSTICE P.S.

O.M THANKACHAN Vs. STATE OF KERALA & ORS

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 826 of 2010

IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION TRANSFER PETITION (CRIMINAL) NO.23 OF 2016 VERSUS J U D G M E N T

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (Cr.) No.273 of 2015

* IN THE HIGH COURT OF DELHI AT NEW DELHI. versus CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU O R D E R %

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION. CRIMINAL APPEAL NO. 722 OF 2015 (Arising from S.L.P. (Criminal) No.

IN THE HIGH COURT OF KARNATAKA, BANGALORE :BEFORE: THE HON BLE MR.JUSTICE K.N. PHANEENDRA CRIMINAL PETITION NO.6306/2013

Bar & Bench (

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 141 OF 2015 [Arising out of S.L.P. (Crl.) No.6449 of 2014) vs.

IN THE COURT OF KUSHAL SINGLA, PCS. JUDICIAL MAGISTRATE Ist CLASS, CHANDIGARH.

IN THE GAUHATI HIGH COURT ( THE HIGH COURT OF ASSAM, NAGALAND, MEGHALAYA, MANIPUR, TRIPURA, MIZORAM AND ARUNACHAL PRADESH )

$~49 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Order: July 24, W.P.(C) 7444/2018, C.M. APPL. No /2018

IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH BEFORE THE HON BLE MR.JUSTICE B. A. PATIL. CRIMINAL PETITION No /2016

IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: EHTESHAM QUTUBUDDIN SIDDIQUE. versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI. Date of Reserve: 5 th July, 2010 Date of Order: 16 th July, Crl. Rev. Pet. No. 329/2010 % 16.7.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S) OF 2017 SPECIAL LEAVE PETITION (C) NO(S) OF 2016] Versus

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : SUIT FOR SPECIFIC PERFORMANCE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2018 (Arising from SLP(C) Nos.28137/2018)

REGISTRAR GENERAL, SUPREME COURT OF INDIA... Respondents Through: Mr. Vikas Pahwa, Standing Counsel for CBI with Mr. Tarun Verma, Advocate.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 925/2015 Reserved on: Date of Decision: versus

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Date of Decision: Through Mr. Saleem Ahmed, APP. Versus. Through Nemo

IN THE HIGH COURT OF DELHI AT NEW DELHI

THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INDIAN PENAL CODE Crl.Rev.260/2011 Date of Decision: Versus...

* IN THE HIGH COURT OF DELHI AT NEW DELHI. Date of Order: August 30 th, Bail Appln. No.1943/2009 %

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO OF 2018 VERSUS

In the High Court of Jharkhand at Ranchi. Cr.M.P.No.141 of Binod Kumar Singh..Petitioner V E R S U S

Transcription:

* IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment delivered on : December 11, 2015 + BAIL APPLN. 1596/2015 & Crl.M.A. Nos.7527/2015 & 7810/2015 HARI SINGH Through: versus... Petitioner Mr.Deepak Prakash, Advocate with Ms.Neelambari, Advocate. THE STATE OF NCT OF DELHI... Respondent Through: Ms. Manjeet Arya, Additional Public Prosecutor for the State with Sub- Inspector Ved Prakash, Police Station Maurya Enclave, Delhi. CORAM: HON'BLE MR. JUSTICE P.S.TEJI P.S.TEJI, J. JUDGMENT 1. The petitioner is aggrieved by the order dated 04.08.2015, passed by learned Additional Sessions Judge-II, North-West, Rohini, Delhi, whereby the learned Additional Sessions Judge has declined his bail application. 2. By this petitioner, the petitioner seeks regular bail under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 in a case registered under FIR No.232/2015 under Section 395/397/34 of Indian Penal Code, Police Station Maurya Enclave, Bail Appln. 1596/2015 Page 1 of 6

New Delhi. 3. The prosecution case is based upon the statement of one Rajpal, who was working as a Security Guard at Liquor Shop at Pitampura, Delhi. It is alleged that on 13.3.2015, at about 2.30 am three boys came there and one of them put a knife on his neck and threatened him to kill if he raised alarm. It is further stated by the complainant that one of them pressed his mount and the other boy caught hold of his hands and forcibly took him inside the liquor shop, where he found that 5 more boys were present. When police siren rang, all the eight boys fled away and while fleeing from the spot, a mobile phone of one of those boys fell down, which resulted in apprehending three persons including the petitioner herein. During investigation, names of other accused persons were disclosed but they could not be arrested even after issuance of NBW and were preceded under Section 82/83 of Cr. P.C., but somehow succeeded in obtaining interim protection from this Court subject to their joining the investigation. 4. It is further the case of the prosecution that during investigation, the petitioner was granted interim bail for two weeks and also filed a petition for quashing of the FIR on the ground of Bail Appln. 1596/2015 Page 2 of 6

settlement arrived at between the parties, but the same was later on withdrawn. As per prosecution case, through the petitioner has no other previous criminal involvement but there is a recovery of 50 cases/cartons of looted liquor from the petitioner. 5. While arguing the case of the petitioner, Mr. Deepak Prakash, Advocate contended that there is neither any mention of his name in the FIR nor any role is attributed or described in the statement of the complainant. It is further contended that even in the Test Identification Parade, the petitioner was not identified. The petitioner is stated to be in custody since 15.03.2015 and the charge sheet in the case has also been filed. 6. Counsel for the petitioner strongly urged that even if the prosecution case is admitted in toto, the only offence which can be alleged against the petitioner is under Section 411 of IPC and the prosecution has falsely registered the case under Section 395/397 of IPC. 7. Counsel for the petitioner also urged that the other co-accused have either been granted bail or obtained interim protection in this case and also claims that the petitioner be also granted bail on the Bail Appln. 1596/2015 Page 3 of 6

ground of parity as well. It is further stated that the charge sheet in the case has been filed and the petitioner is no more required for any custodial interrogation. It is further submitted that the petitioner is a married man and running various businesses and till date no offence has been committed by him and there is no chance to flee from justice, therefore the petitioner/applicant ought to be granted bail in the aforesaid case. 8. To oppose the contentions raised by learned counsel for the petitioner, Ms. Manjeet Arya, learned Additional Public Prosecutor for the State submitted that the conduct of the application, as observed by the learned Trial Court, that he did not appear before the court on 21.7.2015 and 23.07.2015, even without moving application for seeking exemption from personal appearance. Consequently, the trial court had issued NBWs against the petitioner and on 23.7.2015 neither petitioner nor his surety had appeared before the court, despite service of notice. Therefore, there is apprehension of the petitioner jumping the bail, if granted. 9. The submissions and counter submissions made by Counsel for the petitioner as well as by learned Additional Public Prosecutor for Bail Appln. 1596/2015 Page 4 of 6

the State have been heard and perused the material placed on record. 10. =take instructions from HMJ 11. (=if granted) 12. After considering the contents of the present petition as well as the status report filed on record, this Court observes that the petitioner is in custody since 16.3.2015 and the other accused persons have either been granted bail or have been granted interim protection against their arrest. Charge sheet in this case has been filed and the same is now fixed for framing of charge. This court also observes that there is recovery of 50 cases/cartons of looted liquor from the petitioner. 13. This court also observes that though the petitioner is charged with the offence punishable under Section 395/397 of the IPC, however, during TIP in jail on 18.03.2015, the complainant did not identify the petitioner, despite the fact that the complainant had stated in his statement that he can identify the persons who committed the offence. It is also admitted case of the State that the co-accused in the present case are either granted bail or obtained interim protection in this case. Bail Appln. 1596/2015 Page 5 of 6

14. From the aforesaid facts and circumstances of the case, this Court take note of the facts; that the co-accused Deepak Chaudhary of the present case has already granted bail; the fact that during TIP, the petitioner is not identified by the complainant of the FIR in question; the fact that the petitioner is in custody since 15.03.2015; Charge sheet in the present case has already been filed, therefore the petitioner is no more required for further investigation and the trial is likely to take time. 15. Considering the aforesaid facts and circumstances, this court is inclined to grant bail to the petitioner Hari Singh in the present case subject to his furnishing personal bond in the sum of Rs.20,000/- with two sureties of the like amount, to the satisfaction of the Trial Court. 16. Needless to say that anything observed in this order shall not have any bearing on merits of the case during trial. 17. With aforesaid direction, the present bail application as well as pending applications, filed by the petitioner stand disposed of. 18. Dasti. DECEMBER 11, 2015 pkb (P.S.TEJI) JUDGE Bail Appln. 1596/2015 Page 6 of 6