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High Court of DelhiBAIL APPLN./4643/2024

Taslima @ Putti v. State (NCT Of Delhi)

2024-12-17Hon'Ble Mr. Justice Dinesh Kumar Sharma2 pages

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 4643/2024, CRL.M.A. 37983/2024 TASLIMA @ PUTTI .....Petitioner Through:

Mr.Kundan Kumar, Adv.

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

SI Kartar Singh Rawat, Anti Narcotics Cell

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

O R D E R

% 17.12.2024 The present petition has been moved for grant of interim bail for a period of one month in case FIR no.444/2024 under Section 21 NDPS Act at PS Bhalaswa Dairy.

At the outset, the court has come across an order dated 03.12.2024 of learned ASJ/Special Judge (NDPS), North, Rohini Courts, Delhi where the learned trial court after taking into account all the facts and circumstances, granted three days interim bail to the petitioner. Learned counsel submits that the interim bail is expiring today however the petitioner was released on 13.12.2024. It creates suspicion that only on the last date the application has been moved before this court instead of going to the learned trial court for extension of interim bail. Learned counsel submits that while the petitioner's interim bail period concludes today, the release was effectuated 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 14/01/2025 at 12:33:25

only on 13.12.2024. The belated filing of the instant application before this Court, particularly on the last date, instead of going to the learned trial court for an extension of interim bail, raises legitimate concerns regarding the propriety of such conduct.

This Court strongly deprecates such practice as it not only reflects an attempt to circumvent the established judicial hierarchy but also demonstrates a lack of regard for proper legal procedure. Such conduct undermines the systematic approach to judicial proceedings and appears to be an endeavour to create artificial urgency to secure relief. This Court takes serious note of this practice which, if left unchecked, could lead to abuse of judicial process and unnecessary burden on the constitutional courts when adequate remedy lies before the trial court. Hence, the present application is dismissed.

However, the petitioner is given the liberty to move an application before the learned trial court for the grant of interim bail/extension of interim bail today itself. Learned trial court is requested to consider the same in accordance with the law independently of the dismissal of the present petition.

DINESH KUMAR SHARMA, J DECEMBER 17, 2024 Rb/ht 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 14/01/2025 at 12:33:25