Rajender Dewan v. State Of Delhi & ORS

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 291/2016 RAJENDER DEWAN ..... Petitioner Through:

Mr. B.P. Singh Dhakray, Mr. Shakti Singh Dhakray, Advocates versus STATE OF DELHI & ORS ..... Respondent Through:

Mr. Mukesh Kumar, Additional Public Prosecutor for the State with Sub-Inspector Kiran Pal, DIU, East.

Mr. Pushp Gupta, Advocate for respondent No. 2

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 19.02.2016 By this petition filed under Section 482 of Cr. PC, the petitioner seeks quashing the order dated 16.07.2015, 22.07.2015 and 16.12.2015 passed by learned Additional Sessions Judge while granting the anticipatory bail in FIR No. 477 dated 29.06.2015, registered under Section 420/406/120-B of IPC. The learned counsel for the petitioner has demonstrated that some of the observations made with regard to the conduct of the complainant/informant in the impugned order.

After hearing the learned counsel for the petitioner, this court is of the view that the learned Trial Court should have been restricted itself either to grant the bail or to refuse the bail. So far as the grant of bail, this is between investigation agency and the accused. The complainant is nothing to do with their act.

Counsel for the petitioner submits that the purpose of filing the present petition would be served if the observations made by the learned Additional Sessions Judge may not be used or read against him in any other proceedings.

It is hereby ordered that any observations made by the learned Additional Sessions Judge in the impugned orders dated 16.07.2015, 22.07.2015 and 16.12.2015 shall not be used or read against the petitioner in any manner whatsoever.

With aforesaid direction, the present petition is disposed of. P.S.TEJI, J FEBRUARY 19, 2016 pkb