Suresh Chand Sharma v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1376/2018 SURESH CHAND SHARMA ..... Petitioner Through:

Mr.V.P. Katiyar, Advocate versus STATE ..... Respondent Through:

Mr.K.K. Ghei, APP for State

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 06.06.2018 Crl.MA 11347/2018 Exemption allowed, subject to all just exceptions. Bail Appn.1376/2018 The present application has been filed for the grant of anticipatory bail. The court below has dismissed the bail application on the ground that once the application for the grant of anticipatory bail has been dismissed, no fresh application for anticipatory bail lies. As a result, the applicant has approached this Court.

It has been submitted by the learned APP that the notice under Section 41-A Cr.PC was sent to the accused/applicant but he has not joined the investigation. On the query, it has been made clear that the police has not taken decision so far to arrest the accused. In the facts and circumstances, the present application is allowed subject to the condition that the petitioner shall join the investigation as and when required by the Investigating Officer. It is made clear that the present order would not come in the way of

the investigating agency, if after joining the investigation by the accused, IO reaches to the conclusion that he is required to be arrested then he can proceed in accordance with law.

Disposed of.

P.S.TEJI, J JUNE 06, 2018 pk