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High Court of DelhiCRL.M.C./860/2016

Vijay Julka v. State ( Through NCT Of Delhi)

2016-02-26Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 860/2016 VIJAY JULKA ..... Petitioner Represented by: Mr. Vishal Gosain, Mr. Nikhil Ahuja and Ms. Aasita Sheikh, Advs.

versus STATE (THROUGH NCT OF DELHI) ..... Respondent Represented by: Mr. G.M. Farooqui, APP for State with Inspr. / Investigating Officer Vivek Maheshwari, PS-EOW.

Mr. Ravi Sharma, Adv. for R2.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

O R D E R

% 26.02.2016 Crl.M.A.3559/2016 (for exemption) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed.

+ CRL.M.C. 860/2016 1.

By way of the present petition, filed under Section 482 Cr.P.C., petitioner seeks directions thereby modifying the order dated 06.06.2015 passed by ld. District and Sessions Judge in case FIR 5/12, registered at PSEOW for the offences punishable under Sections 467/120B/468/34/471/420 IPC whereby onerous condition to deposit an amount of Rs.25,00,000/- as one of the conditions while granting anticipatory bail was imposed on the petitioner.

2.

Further seeks directions thereby setting aside the order dated 02.02.2016, whereby an application filed by the petitioner seeking modification and removal of abovementioned onerous condition was dismissed.

3.

After some arguments, ld. Counsel for the petitioner submits that petitioner is unable to deposit the aforesaid amount. However, he is ready to surrender before the Trial Court and move an application of regular bail before it.

4.

Keeping in view the averments made in the instant petition and submission of ld. Counsel for the petitioner I hereby set aside the orders dated 06.06.2015 and 02.02.2016.

5.

Accordingly, the petitioner is directed to surrender before Trial Court on 04.03.2016.

6.

If the petitioner files regular bail application, the Trial Court is directed to consider the same and pass order as per law without being influenced by the observations made by the Sessions Court in the aforesaid orders.

7.

Accordingly, the petition is disposed of.

8.

Dasti.

Crl. M.A. 3560/2016 Dismissed as infructuous.

SURESH KAIT, J FEBRUARY 26, 2016 jg