Simmi Jain v. State

Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

$-56 & *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 724/2019, CRL.M.(BAIL) 519/2019 & CRL.M.A.6021/2019 SlMMl JAIN Petitioner Mr. Tanmay Mehta, Mr. Vineet Chadha and Mr. Ajay Kumar, Through:

Advs.

versus Respondent Mr.Ashish Dutta, APP with SI Vijay Kumar, PS Burari, Delhi STATE Through:

BAIL APPLN. 731/2019, CRL.M.(BAIL) 521/2019 & CRL.M.A. 6050/2019 NARESH JAIN Petitio ner Mr. Tanmay Mehta, Mr. Vineet Chadha and Mr. Ajay Kumar, Advs.

Through:

versus Respondent Mr.Ashish Dutta, APP with SI Vijay Kumar, PS Burari, Delhi STATE Through:

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

ORDER

% 26.03.2019 1.

Learned counsel for the petitioners submitted that the Trial Court is not disposing of the applications filed by the petitioners under Section 438 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on merits and simply adjourning the matter on the ground that two other

matters are pending before the High Court. It is further submitted by the learned counsel for the petitioners that his only grievance is that the Trial Court should consider and dispose of the applications of the petitioners on merits.

2.

Learned counsel for the petitioners, after some arguments, further submitted that he may be allowed to withdraw the anticipatory bail applications with a direction to the Trial Court to consider and dispose of the applications of the petitioners under Section 438 of the Cr.P.C. on merits without waiting for the outcome of the two petitions pending before the High Court. Accordingly, the anticipatory bail applications are dismissed as withdrawn with a direction to the Trial Court to consider and dispose of the applications of the petitioners under Section 438 of the Cr.P.C. pending before it on merits, at the earliest.

chande£^khar, j MARCH 26, 2019/rk