High Court of DelhiCRL.REV.P./431/2016

Rahul Puri v. The State (NCT) Of Delhi

2016-07-15Hon'Ble Mr. Justice P.S.Teji2 pages

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.REV.P. 431/2016 & Crl. M.A. No. 9699/2016 (Stay) RAHUL PURI ..... Petitioner Through:

Mr. Davinder Hora and Mr. Sikander Khan, Advocates versus THE STATE (NCT) OF DELHI ..... Respondent Through:

Mr. Amit Chadha, Additional Public Prosecutor for the State with SubInspector Rampal, Police Station S.J. Enclave, Delhi

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 15.07.2016 By this petition filed under Section 397 and 401 of read Cr. P.C., the petitioner is challenging the order dated 24.05.2016, passed by learned Additional Sessions Judge, Saket Courts, Delhi, vide which the regular bail of the petitioner was cancelled. I have perused the order. The bail has been cancelled by learned Additional Sessions Judge basically on the ground that the petitioner did not comply with the condition of the settlement arrived at between the parties.

Learned counsel for the petitioner relied on a judgement of Hon'ble Supreme Court in Biman Chatterjee v. Sanchita Chatterjee

and another, AIR 2004 SC 1699, to contend that the courts below could not have cancelled the bail solely on the ground that the petitioner had failed to keep up his promise made to the court. This court observes that the bail was cancelled on 24.05.2016 and the petitioner was directed to surrender by 28th May 2016 and the present petition was filed on 3rd June 2016, i.e., beyond the date of surrender, granted by the learned Additional Sessions Judge. It has been apprised by learned Additional Public Prosecutor for the State that NBWs have already been issued against the petitioner.

In the aforesaid facts and circumstances, this court does not find any illegality or infirmity in the order dated 24.05.2016, passed by learned Additional Sessions Judge. So far as the judgement relied upon by learned counsel for the petitioner is concerned, the same is of no help to the case of the petitioner, reason being that it is not only withdrawal from the settlement arrived at before the mediation or the condition of the bail, rather, he is avoiding to surrender before the court till date.

Accordingly, the present petition filed by the petitioner is dismissed being without merit.

P.S.TEJI, J JULY 15, 2016 pkb