Surender v. State Of NCT Of Delhi
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 611/2024 and CRL.M.A. 10788/2024, CRL.M.A. 19070/2024, CRL.M.A. 22379/2024 SURENDER .....Petitioner Through:
Mr. Avi Kalra, Mr. Prateek Lakra and Mr. Devesh Chauhan, Advocates.
versus STATE OF NCT OF DELHI .....Respondent Through:
Mr. Manoj Pant, APP for the State with Ms.
Anugyaa Sharma, Mr.
Chirag Aneja, Mr. Dhruv Kumar Verma, Mr.
A.
Dubey and Ms.
Sushma, Advocates with Inspector Ravinder Dagar, P.S.: Subzi Mandi.
CORAM:
HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
O R D E R
% 27.08.2024 Pursuant to what was recorded in last order dated 16.08.2024, Mr. Avi Kalra, learned counsel for the petitioner submits, that despite his best efforts, the petitioner could not surrender by 07:00 p.m. on 16.08.2024, since by the time he received a copy of the order, it was already too late to surrender. Counsel however submits, that the petitioner duly surrendered the next morning, i.e. on 17.08.2024. 2.
Mr. Pant has handed-up a copy of Status Report dated 27.08.2024, which confirms that the petitioner has duly surrendered on 17.08.2024.
3.
Status Report dated 27.08.2024 is taken on record. BAIL APPLN. 611/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2024 at 12:19:50
4.
Considering the circumstances of the case, the delay in surrendering is condoned; and it is directed that the late surrender by the petitioner on 17.08.2024, would not be reflected in his prison records. BAIL APPLN. 611/2024 5.
After making some submissions in the matter, Mr. Avi Kalra, learned counsel for petitioner seeks leave to withdraw the present bail petition, with liberty to file afresh before the learned Trail Court, once all the prosecution witnesses have deposed.
6.
Mr. Kalra further draws attention to order dated 28.07.2023 made by a Co-ordinate Bench of this court in BAIL APPLN. No. 2495/2023, submitting that by way of the said order this court had directed the learned Trial Court to complete the recording of testimonies of the remaining prosecution witnesses as expeditiously as possible. Counsel submits, that despite such direction only 01 additional prosecution witness has since deposed.
7.
In the circumstances, the present bail petition is disposed-of as withdrawn, with liberty as prayed-for; without expressing any opinion on the merits of the matter.
8.
Furthermore, since the matter has already been somewhat delayed, the learned Trial Court is directed to expedite the recording of testimonies of all the remaining prosecution witnesses, at its earliest convenience. 9.
Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J AUGUST 27, 2024 ak/vr BAIL APPLN. 611/2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 04/09/2024 at 12:19:50