Bachi Devi v. State & ANR

$~67 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 557/2018 BACHI DEVI ..... Petitioner Through Mr. Mukesh Kumar Sinha, Advocate.

versus STATE & ANR ..... Respondents Through Mr. Arun Kumar Sharma, APP for the State.

ASI Aman Kumar, PS Nanak Pura.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 02.02.2018 Crl.M.A.2040/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 557/2018 1.

The petitioner impugns order dated 17.01.2018, whereby, the application of the petitioner seeking cancellation of non-bailable warrant was rejected on the ground that the petitioner is not on bail and even the exemption application had been dismissed twice after the same was allowed six times.

2.

Learned counsel for the petitioner submits that the petitioner is aged about 75 years and is suffering from ailments and, accordingly, could not appear before the Trial Court.

Learned counsel for the CRL.M.C. 557/2018

petitioner undertakes that the petitioner shall be present before the Trial Court today as well as in future unless so exempted by the Trial Court.

3.

Subject to the petitioner appearing before the Trial Court today and moving an appropriate application, no coercive action shall be taken against the petitioner consequent to the non-bailable warrants. However, the petitioner shall move an appropriate application before the Court for appropriate orders, inter alia, for recall of non-bailable warrants on such terms as the Court may deem fit. The Trial Court shall consider the application in accordance with law and take into account the age of the petitioner while considering the said application. The petition is disposed of in the above terms. 4.

Order dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J FEBRUARY 02, 2018 st CRL.M.C. 557/2018