Deepak Gupta v. State

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 601/2016 & Crl.M.B. No.296/2016 & Crl.M.A. No.2521/2016 (Exemption) DEEPAK GUPTA ..... Petitioner Through Mr.Vijay Aggarwal, Adv. with Mr.Neeraj Kumar Jha, Adv., Mr.Sunil Aggarwal, Adv.

versus STATE ..... Respondent Through:

Mr. Mukesh Kumar, Additional Public Prosecutor for the State with Inspector Anuj Aggarwal, Police Station Dwarka, Delhi Mr. Ram Krishna, Mr. Ratnesh Deu, Advocates for complainant

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 12.02.2016 Crl. M.A. No.2521/2016 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

Crl. M.C.No. 601/2016 & Crl. M (Bail) No.2521/2016 (Exemption) By this petition filed under Section 482 of Cr. PC, read with Section 438 and 440 of Cr. P.C., the petitioner seeks to challenge the

order dated 8th February 2016. The fact in brief in this case is that the Trial Court vide its order dated 11th January 2016, had granted anticipatory bail. The relevant portion of the order is as follows: "Having regard to the aforesaid submission made on behalf of both the parties, the bail application is allowed subject to the payment of Rs.20 lacs by the applicant to the ct within one month from today. It is therefore, directed that in case of arrest, the applicant shall be released on bail on furnishing personal bond in the sum of Rs.One Lakh with one surety of the like amount to the satisfaction of the concerned IO/Arresting Officer." Aggrieved by the condition of payment of Rs.20 lacs, the petitioner has approached this Court by way of the present petition. I have heard the submissions made on behalf of both the sides and after perusing the impugned order dated 8th February 2016, this Court observes that the Trial Court had dismissed the application of the petitioner however the period for making the payment was extended up to 16th February 2016.

In view of the facts and circumstances of the case, this Court is

of the considered opinion that depositing a sum of Rs.20 lacs was the condition of the bail granted to the petitioner as imposed by the Court vide order dated 11th January 2016 and I do not find any illegality or infirmity in the order dated 8th February 2016, passed by learned Additional Sessions Judge.

Accordingly, finding no ground for interference in the order dated 8th February 2016, passed by learned Additional Sessions Judge, the present petition is hereby dismissed.

However, the petitioner is granted liberty to approach the concerned Court, granting anticipatory bail to the petitioner for change/modification of the condition in the order dated 11th January 2016.

With aforesaid observations, the present petition as well as application are disposed of.

P.S.TEJI, J FEBRUARY 12, 2016 pkb