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High Court of DelhiCRL.M.C./1886/2016

Central Bureau Of Investigation v. Freeman Anosike Aluma @ Moon

2016-12-12Hon'Ble Ms. Justice Mukta Gupta2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1886/2016 & Crl.M.A. 8039/2016 CENTRAL BUREAU OF INVESTIGATION Petitioner Represented by: Mr.Anupam S. Sharma, Spl. PP versus FREEMAN ANOSIKE ALUMA @ MOON Respondent Represented by: Mr. Anoop Kr. Gupta, Adv.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

ORDER

% 14.12.2016 Since 12^^ December, 2016 was declared a holiday vide notification No.701/G-4/Genl./DHC the matter is being taken up today. The prayer of the petitioner CBI in the present petition is of setting aside the order dated 29^ April, 2016 granting bail to the respondent in RCCYl 2008-E-0003 under Sections, 120B and 379 IPG and Section 66 of the Information Technology Act:

This Court had called for a report from the learned Trial Court explaining the reasons for delay in trial. As per the report received the til respondent had earlier been granted bail by this Court on 10 July, 2009 pursuant to which he was on bail since, 5 September, 2009. However due to non-appearance before the Trial Court non-bailable warrants were issued tb against the respondent on 17 November, 2014 and he was declared a CRL.M.C. 1886/2016 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

proclaimed offender on 30*** June, 2015. The respondent could be arrested only in 2015 where after trial re-started. As per the report 17 witnesses have been examined and PW-18 has partly been examined and the next date fixed before the Trial Court for completion of the remaining prosecution evidence is 15*"^ and 16*^ December, 2016. The learned Trial Court has assured that the trial would be concluded expeditiously.

Considering the fact that the trial is at the fag end and is likely to conclude within one month for the reason learned counsel for the respondent states that the respondent is not likely to lead any defence evidence, the order dated 29^ April, 2016 is set aside.

Petition and application are disposed of with a request to learned Trial Court to conclude the trial as expeditiously as possible. MUKTA GUPf^ DECEMBER 14,2016 'ga'

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