Raju Halwai v. State

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1266/2016 RAJU HALWAI ..... Petitioner Represented by: Mr. Jatin Rajput, Adv.

(DHCLSC)

Versus

STATE ..... Respondent Represented by: Mr. G.M. Farooqui, APP for State with W/SI Vandana, PS-Kirti Nagar.

CORAM:

HON'BLE MR. JUSTICE SURESH KAIT

O R D E R

% 01.04.2016 Crl.M.A.5463/2016 (for exemption) Exemptions allowed, subject to all just exceptions. Accordingly, the application is allowed.

Crl. M.A.5462/2016 ( for delay) In view of the averments made in the application, delay of 120 days in filing the petition noted above is condoned. Accordingly, the application is allowed.

+ CRL.M.C. 1266/2016 1.

By way of the present petition filed from jail under Section 440 Cr.P.C. petitioner seeks directions thereby reducing the surety amount as directed by the trial court vide order dated 28.04.2015 whereby the

petitioner was granted interim bail for a period of 5 days subject to furnishing a personal bond in the sum of 50,000/- with one local surety of the like amount.

2.

Since the petitioner could not arrange the surety amount, he moved an application before trial court for reduction of the same. However, the same was dismissed vide order dated 29.10.2015.

3.

It is pertinent to note that the interim bail was granted to the petitioner on the ground that he had to get his son admitted in a School. 4.

Keeping in view the ground for which the interim bail was granted, I hereby deem it fit to reduce the amount.

5.

Accordingly, the petition is allowed.

6.

The petitioner is directed to be released on interim bail for a period of 5 days on his furnishing a personal bond of Rs.10,000/- with one surety of the like amount to the satisfaction of the Trial Court. SURESH KAIT, J.

APRIL 01, 2016 jg