High Court of DelhiBAIL APPLN./421/2019

Shailendra Garg v. Central Bureau Of Investigation & ANR

2019-02-19Hon'Ble Mr. Justice Sunil Gaur2 pages

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 421/2019 SHAILENDRA GARG ..... Petitioner Through:

Mr. Yuvraj Samant & Ms. Neha Amola, Advocates

Versus

CENTRAL BUREAU OF INVESTIGATION & ANR.

..... Respondents Through:

Mr. Anil Grover, Special Public Prosecutor with Mr. Shivesh P.

Singh, Ms. Noopur Singhal & Mr. Mishal Vij, Advocates

CORAM:

HON'BLE MR. JUSTICE SUNIL GAUR

O R D E R

% 19.02.2019 Petitioner seeks pre-arrest bail in FIR No. 8/2015, under Section 420 IPC r/w Section 120-B IPC and 203 (1) Rajasthan Municipalities Rules, 1959, registered at Central Bureau of Investigation (CBI), Jaipur, while claiming to be resident of Delhi.

Petitioner's counsel submits that Arrest Warrants have been issued against petitioner, which are not in conformity with Supreme Court's order of 2nd May, 2017 (Annexure P-4).

Upon notice, it is pointed out by learned Special Public Prosecutor for respondents that petitioner had moved application seeking pre-arrest Page | 1

bail before the trial court in Rajasthan, which has been dismissed and so, petitioner ought to approach the High Court at Rajasthan for the relief sought in this application.

Upon hearing and on perusal of FIR of this case, trial court's order of 2nd May, 2017 (Annexure P-4) and order of Additional Chief Judicial Magistrate, Jaipur (Annexure P-3), I find that the jurisdiction to entertain petitioner's pre-arrest bail application on merits is of High Court at Rajasthan. Since Arrest Warrants have been issued against petitioner, therefore, to enable petitioner to approach competent court of territorial jurisdiction, three days' transit bail is granted to petitioner. In the event of arrest, petitioner be released on transit bail for a period of three days subject to his furnishing bail bond in the sum of ₹50,000/- to the satisfaction of the Arresting Officer. The applications are accordingly disposed of while not commenting upon the merits of the case.

Dasti.

(SUNIL GAUR) JUDGE FEBRUARY 19, 2019 r Page | 2