Inder Lal v. State ( Gnctd) & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2426/2016 INDER LAL ..... Petitioner Represented by:

Mr.Rajni Kant, Advocate.

versus STATE ( GNCTD) & ANR ..... Respondents Represented by:

Mr.Ashok K. Garg, APP for the State with SI Aditya Singh, PS Fatehpur Beri.

Mr.Tushar Saini, Advocate for respondent No.2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.04.2017 By this petition, the petitioner seeks cancellation of the anticipatory bail granted to the respondent No.2 by this Court vide order dated 17th July, 2014 on the ground that post grant of anticipatory bail, the respondent No.2 was not joining the investigation and thus violating the terms of bail order. Reply affidavit has been filed by the respondent No.2 stating that he has joined the investigation.

Though directions were issued to the State to file the status report, however, no status report has been filed. Learned Additional Public Prosecutor, on instructions from the Investigating Officer SI Aditya Singh, CRL.M.C. 2426/2016

PS Fatehpur Beri who is present in Court submits that after the grant of anticipatory bail to the petitioner vide order dated 17th July, 2014, two notices for appearance was served on the respondent No.2 to join the investigation on 5th April, 2016 and 25th July, 2016 wherein he did not join the investigation. A further notice was served on 24th October, 2016 to join the investigation on 3rd November, 2016 when the respondent No.2 sent his medical certificate expressing his inability to join the investigation. On the fourth notice dated 17th December, 2016, the respondent No.2 joined the investigation, he was formally arrested and released on bail. Learned APP for the State further states that after the respondent No.2 joined the investigation, the investigation is complete, the charge-sheet has been finalized and will be filed shortly.

Learned APP, on instructions, further submits that the respondent No.2 is no more required for investigation. Considering the fact that the respondent No.2 has already joined the investigation and he is no more required for further investigation, no case is made out for cancellation of the anticipatory bail granted to the respondent No.2.

The petition is disposed of.

MUKTA GUPTA, J.

APRIL 18, 2017 gm CRL.M.C. 2426/2016