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High Court of DelhiBAIL APPLN./227/2018

Ali Sher Saifi v. State NCT Of Delhi

2018-01-29Hon'Ble Ms. Justice Anu Malhotra2 pages

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 227/2018 & CRL.M.A. 1662/2018 ALI SHER SAIFI ..... Petitioner Through:

Mr. Hemant Gulati, Adv.

versus STATE NCT OF DELHI ..... Respondent Through:

Mr. Ashish Dutta, APP for State with ASI Mohd. Ismail.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 29.01.2018 CRL.M.A. 1662/2018(Exemption) Exemption allowed, subject to just exceptions. BAIL APPLN. 227/2018 Vide the present petition, the petitioner seeks grant of interim bail for a period of four weeks submitting to the effect that the engagement ceremony of the daughter of the petitioner is scheduled for 04.02.2018.

It has been submitted on behalf of the petitioner and also on behalf of the State and as brought forth through proceedings dated 23.01.2018 of the Court of learned ASJ (Central), THC, Delhi in relation to the FIR 69/2015, PS Crime Branch to the effect that the factum of the engagement ceremony of petitioner‟s daughter scheduled for 04.02.2018 has been verified.

The APP for State however, opposes the prayer seeking interim bail submitting to the effect that apparently the parameters for grant of interim bail the Division Bench of Delhi High Court in Athar Parvez Vs. State in the judgment dated 26.02.2016 in Crl. Ref 01/2015 are not applicable in the instant case inasmuch as there are no exceptional and extraordinary circumstances which would justify such indulgence and that the petitioner is not suffering from any intolerable grief. Further, it is also submitted on behalf of the State that in any event the prayer made on behalf of the petitioner seeking grant of interim bail for a period of four weeks is vehemently opposed. Taking into account the verified factum of the engagement ceremony of the petitioner‟s daughter scheduled for 04.02.

2018 and that the petitioner is in custody, the petitioner is allowed to be released on interim bail w.e.f. 01.02.2018 to 08.02.2018 subject to his filing a bail bond in the sum of Rs. 1 lac with two sureties of the like amount to the satisfaction of the learned trial Court with directions that he shall not leave the country and shall surrender before the Superintendent Jail, Delhi on the date 08.02.2018 with the report of the Superintendent Jail, Delhi being placed on record on the date 09.02.2018.

The application is disposed of.

Copy of the order be given Dasti, as prayed.

ANU MALHOTRA, J JANUARY 29, 2018 vm