State NCT Of Delhi v. Sanjay Bachchan

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1457/2016 STATE NCT OF DELHI ..... Petitioner Through Ms.Manjeet Arya, APP for the State.

versus SANJAY BACHCHAN ..... Respondent Through

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 19.04.2016 Crl.M.A. 6228/2016 (Exemption) Application is allowed subject to just exceptions. Crl.M.C. 1457/2016 The present petition has been filed by the State under Section 439(2) Cr.P.C. read with Section 482 Cr.P.C. for cancellation of bail granted to the respondent Sanjay Bachchan in FIR No.166/2012, under Sections 419/420/406/174-A/120B IPC, Police Station Economic Offence Wing, New Delhi.

Arguments advanced by the learned APP for the State have been heard.

In the present case, the respondent was enlarged on bail by the learned CMM vide order dated 26.05.2015. Against the grant of bail to the respondent, the State approached the Court of Sessions which rejected the application of the State vide order dated 04.12.2015.

Against the said order, the present petition has been preferred by the State.

It is matter of record that the learned CMM while appreciating the material on record, allegations levelled and the role of the respondent, enlarged him on bail.

The Court of Sessions also appreciated each and every aspect of the matter and rejected the application of the State for cancellation of bail granted to the respondent.

It is a settled law that bail once granted to an accused can be cancelled if he is found to be violating any terms and conditions of the bail order. Even otherwise, in the present case, it is not the case of the State that the respondent violated any terms and conditions of the order dated 26.05.2015 granting bail.

Consequently, I do not find any ground to cancel the bail granted to the respondent.

The present petition is accordingly dismissed.

P.S.TEJI, J APRIL 19, 2016 dd