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High Court of DelhiBAIL APPLN./1025/2016

Dharam Vir v. State Of NCT Of Delhi

2016-05-17Hon'Ble Ms. Justice Sunita Gupta1 pages

$~37 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1025/2016 DHARAM VIR ..... Petitioner Through Mr Kishore Kumar, Adv.

versus STATE OF NCT OF DELHI ..... Respondent Through Ms Neelam Sharma, Additional Public Prosecutor for the State alongwith Sub Inspector Koyal Police Station Nihal Vihar, Delhi

CORAM:

HON'BLE MS. JUSTICE SUNITA GUPTA

O R D E R

% 17.05.2016 Crl. MA 8105/2016 (exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

BAIL APPLN.1025/2016 This is application under S. 438 of Cr.PC moved by the petitioner for grant of anticipatory bail in case FIR No.452/2015 under Ss. 498A/406/34 IPC registered at Police Station Nihal Vihar, Delhi. It is submitted by counsel for the petitioner that though anticipatory bail was granted by learned Additional Sessions Judge vide order dated 14.03.2016 but the petitioner is basically aggrieved by the condition of depositing a sum of Rs.5.50 lacs by way of FDR as such he has approached this Court. It is further submitted that the petitioner is a tailor by profession and is not in a position to deposit this much amount. Counsel further submits that before the Trial Court the petitioner had offered to pay a sum of Rs.2.50 lacs in lieu of settlement of all disputes, to which the complainant did not agree. In case some time is granted to the petitioner, he will be able to deposit the amount of Rs.2.50 lacs. Notice.

Ms Neelam Sharma, Additional Public Prosecutor for the State accepts notice and opposes the application on the ground that the order was passed on 14.03.2016 but the petitioner has approached this Court very late.

Be that as it may, the condition imposed upon the petitioner while granting him bail to deposit Rs.5,50,000 is modified to the extent that a sum of Rs. 2,50,000/- be deposited within one month from today in terms of the order dated 14.03.2016 passed by learned Additional Sessions Judge. The application stands disposed of accordingly. A copy of this order be given dasti to counsel for the petitioner. SUNITA GUPTA, J MAY 17, 2016/rd