Promod Kumar Malhan v. State

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 449/2017 PROMOD KUMAR MALHAN ..... Petitioner Through:

Mr.Anil Kumar Sharma, Adv. with Mr.Apoorav Kumar Sharma and Mr.Anuj Sharma, Advs.

versus STATE ..... Respondent Through:

Ms.Kusum Dhalla, APP for State SI Manju Devi, PS-KNK Marg

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 10.03.2017 CRL.M.A4192/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

BAIL APPLN. 449/2017 This is an application filed under Section 438 Cr.P.C. for grant of anticipatory bail in case FIR No.711/2015, under Sections 406/498A/328/377/509/34 IPC registered at Police Station-K.N.Katju Marg. Counsel for the petitioner has submitted that the petitioner is apprehending his arrest from Police Station- K.N.Katju Marg in case FIR No. 711/2015, under Sections 406/498-A/328/377/509/34 IPC. Counsel for the petitioner has further submitted that the instant dispute has arisen out of matrimonial discord and the petitioner is father-in-law of the complainant.

He has further submitted that the complainant is the wife of Mr.Nitin Malhan who is the son of the present petitioner. He has further submitted that the petitioner is not required for further investigation of the case as charge sheet qua against the petitioner has already been filed. He has further submitted that the main accused Mr.Nitin Malhan has already been granted anticipatory bail on 10th August, 2015 by the Court of Sh. Manu Rai Sethi, ASJ/Special Judge (NDPS), Rohini Delhi. He has further submitted that the petitioner has clean antecedents and prays that the petitioner be granted anticipatory bail.

Learned APP has vehemently opposed the application.

On instructions from the Investigating Officer, learned APP submits that charge sheet qua against the present petitioner has already been filed. Keeping in view the facts and circumstances since charge sheet has already been filed qua against the present petitioner before the Court below and petitioner is not required for further investigation of the case and the main accused Mr.Nitin Malhan has already been granted anticipatory bail, in these circumstances, in the event of arrest, the petitioner be released on anticipatory bail in the sum of Rs.20,000/- with one surety of the like amount to the satisfaction of IO/SHO concerned with the condition that the petitioner shall not influence the prosecution witnesses; the petitioner shall not tamper the prosecution evidence and the petitioner should not leave India without prior permission of the Court below.

The present bail application is allowed and disposed of accordingly. Copy of this order be given dasti.

I.S.MEHTA, J MARCH 10, 2017/radhika