Sahdev v. State NCT Of Delhi

$~71 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2810/2024 SAHDEV .....Petitioner Through:

Mr. Vineet Jain and Mr. Mayank Jain, Advocates.

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

Mr. Yudhvir Singh Chauhan, APP.

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH

O R D E R

% 25.09.2024 CRL.M.A. 29083/2024 1.

The instant application under Section 484 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed by the petitioner/applicant for deduction in the surety amount of sureties as directed to be furnished in bail order dated 12th September, 2024, passed by the Predecessor Bench of this Court.

2.

It is submitted that the petitioner had filed regular bail in FIR No.370/2020 dated 26th October, 2010 registered at Police Station Timarpur for offences under Section 307 of the Indian Penal Code, 1860 ("IPC" hereinafter). It is further submitted that since the victim passed away, the case was converted into one under Section 302 IPC. Learned counsel appearing on behalf of the petitioner/applicant submitted that after hearing arguments on the bail application as well as after perusing the records, the Predecessor Bench granted bail to the petitioner/applicant subject to certain The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 01:58:46

conditions including direction to furnish a personal bond in the sum of Rs.1,00,000/- with two sureties of the like amount. Learned counsel for the applicant submitted that the applicant is a poor person and is not able to furnish the sureties as per the direction of the Predecessor Bench in the order dated 12th September, 2024. Learned counsel for the applicant submitted that taking into consideration the financial position of the applicant, the amount of two sureties may be reduced from Rs.1,00,000/- each to Rs.50,000/- each.

3.

Learned counsel appearing on behalf of the State per contra vehemently opposed the submissions and contentions made by the learned counsel appearing on behalf of the applicant and submitted that the applicant is charged under Section 302 IPC and the terms and conditions were imposed by the Predecessor Bench while granting bail after considering the matter in entirety and therefore, there is no force in the arguments for reduction of the surety amount. 4.

After perusing and considering the documents annexed with the instant application, this Court is inclined to modify the order dated 12th September, 2024. Accordingly, the amount of two sureties as directed to be furnished is reduced from Rs.1,00,000/- each to Rs.50,000/- each. The rest of the terms and conditions of the bail will remain the same. 5.

The application is disposed of.

CHANDRA DHARI SINGH, J SEPTEMBER 25, 2024 NA/ryp Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 01:58:46