Ulhas Khaire @ Lokeshwar Dev v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 610/2017 ULHAS KHAIRE @ LOKESHWAR DEV ..... Petitioner Through Mr.Neeraj Bhardwaj, Adv.

versus STATE ..... Respondent Through Mr. Kewal Singh Ahuja, APP for the State Inspt.Afsar Raza, EOW.

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 17.04.2017 The present bail application under Section 439 read with Section 436A read with Section 482 of the Code of Criminal Procedure (Cr.P.C.) has been filed by the applicant for grant of regular bail in a case arising out of FIR No.167/2012 registered under Sections 419/420/467/468/471/120-B/34 of the Indian Penal Code (IPC) and Section 12 of the Passport Act, 1967 by Economic Offences Wing, New Delhi.

The facts as emerging from the records, are that a complaint was lodged by Mr.Raj Kumar Saha, INSP, EOW, Delhi, alleging that

the applicant had misrepresented facts and on the basis of forged/fabricated documents, procured Indian passport by impersonating as Lokeshwar Dev though the real name of the applicant was Ulhas Khaire. It was also alleged that the passports of the wife and children of the applicant were also procured by misrepresentation of facts and on forged documents by impersonation and entering into criminal conspiracy along with two passport agents namely Sh.Sumit Sachhar & Sh.Ashish Aggarwal. It appears from the records that the applicant had moved first application under Section 439 Cr.P.C. for grant of bail which was dismissed on 29th January, 2015 by the court of learned District & Sessions Judge (West), Tis Hazari Courts.

Thereafter, the applicant had moved another application under Section 309 Cr.P.C. for expediting the trial of the applicant which was dismissed on 6th November, 2015 by the learned CMM (West), Tis Hazari Courts.

The grouse of the applicant is that there may be number of FIRs against him but the trial has not proceeded with and that he has been languishing behind the bar since 2012.

In the facts and circumstances of the present case, this court is of the considered opinion that keeping in view the pendency of the present matter particularly the applicant being behind the bar since 2012, the Trial Court is directed to expedite the trial and dispose of the matter as soon as possible.

With the above observation, the present bail application is disposed of.

Let copy of this order be sent forthwith to the concerned Trial Court.

P.S.TEJI, J APRIL 17, 2017/aa