Yogesh @Anda@Yashpal v. State Of NCT Of Delhi

via Video-conferencing $~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPL. 2375/2020 YOGESH @ ANDA @ YASHPAL .....Petitioner/Applicant Through:

Mr. Girish Chander, Advocate with Mr. Satyam Sisodia, Advocate.

Versus

STATE (NCT OF DELHI) .... Respondent Through:

Ms. Neelam Sharma, APP.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 27.08.2020 Crl. M.A. No.11708/2020 (exemption) Exemption is granted, subject to just exceptions and subject to the applicant completing all requirements of filing certified/true typed/properly-margined copies of annexures, attested affidavits and vakaltnama within 10 days of physical re-opening of the court. Application stands disposed of.

Bail Appl. No.2375/2020 The applicant is an accused in case FIR No.400/2020 registered under sections 308/34 IPC at PS: Bhalswa Dairy. 2.

Mr. Girish Chander, learned counsel for the applicant contends that vidé order dated 13.08.2020 made in Bail Appl. No.2755/2020 by the learned Sessions Court, the applicant was granted interim bail for a period of 10 days on the ground that his father had passed away on 06.08.2020. Counsel further submits that thereafter an application for Bail Appl. 2375 /2020 Page of

extension of interim bail was made inter alia on the ground that by operation of orders dated 13.07.2020 and 24.07.2020 made by a Full Bench of this court in W.P.(C) No.3037/2020 titled Court on its own Motion vs. State & Ors., all interim orders, including orders of interim bail, stand extended until 31.08.2020. Counsel further pointsout that by order dated 24.08.2020 made by the Full Bench, such orders have been further extended until 31.10.2020. 3.

However, by order dated 24.08.2020 made in Bail Appl. No.2882/2020, the learned Sessions Court has rejected the plea for extension.

4.

Mr. Chander further submits that in fact the applicant reported to prison for surrendering, but the prison authorities declined to take him back and informed him that his interim bail stands extended by virtue of the Full Bench orders.

5.

Issue notice.

6.

Ms. Neelam Sharma, learned APP appears for the State on advance copy; accepts notice; and does not dispute that in view of the orders of the Full Bench, the applicant would be entitled to extension of his interim bail.

7.

Although order dated 24.08.2020 made by the learned Sessions Court does not contain any reference to the Full Bench orders, Mr. Chander submits that the Full Bench orders were brought to the attention of the learned Sessions Court, but to no avail. 8.

Be that as it may, clearly the interim bail granted to the applicant vidé order dated 13.08.2020 does get extended till 31.10.2020 by operation of the Full Bench orders dated 13.07.2020, 24.07.2020 and 24.08.2020 referred to above.

Bail Appl. 2375 /2020 Page of

9.

Accordingly, the interim bail granted to the applicant by order dated 13.08.2020 shall stand extended by operation of the Full Bench orders till 31.10.2020, on the same conditions as imposed earlier. 10.

Application stands disposed of.

11.

Other pending applications, if any, also stand disposed of. ANUP JAIRAM BHAMBHANI, J.

AUGUST 27, 2020 Ne Bail Appl. 2375 /2020 Page of