Satinder Nath Maira & ANR v. State & ANR

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 243/2016 & CRL.M.A. 1093/2016 SATINDER NATH MAIRA & ANR ..... Petitioners Through:

Mr. Anshu Mahajan with Mr. Karan Arora, Advocates.

versus STATE & ANR ..... Respondents Through:

Mr. Ashish Dutta, APP for State with SI Ashwani P.S. EOW, Delhi.

Ms. Richa Singh, Advocate. for R-2.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 11.07.2018 The petition at hand sought to assail the order dated 01.09.2015 passed by the court of Sessions on bail application of the second respondent in the context of FIR No. 296/2014 of Police Station EOW, Defence Colony for offences punishable under Sections 420/406/34 IPC.

The petitioners have moved the petition under Section 439(2) of Code of Criminal Procedure, 1973 (Cr.P.C.) seeking cancellation of the said order.

It is pointed out by the learned Additional Public Prosecutor that by the order in question the second respondent had been admitted to anticipatory bail during the period of investigation. The investigation has since been completed and a report under Section 173 Cr.P.C. filed in the court of Magistrate where cognizance had been taken. The impugned order, thus, has served its purpose. The second CRL.M.C. 243/2016

respondent would, undoubtedly, be obliged to apply for regular bail where the petitioners may raise the contentions urged herein. With these observations, the petition and the pending application are disposed of.

R.K.GAUBA, J JULY 11, 2018 srb CRL.M.C. 243/2016