Naresh Pal Chaudhary v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

CRL.M.C. 2194/2016 & Crl.M.A. 9244/2016 (directions) NARESH PAL CHAUDHARY Petitioner Represented by: Mr. Sushil Bajaj, Mr. Gaurav Chauhan, Advs.

versus STATE OF NOT OF DELHI & ORS Respondent Represented by: Mr. Hirein Sharma, APP with SI Sohan Lai DIU/South.

Mr. Anil Sharma, Mr. Jaskaran Singh, Advs. forR-2&3.

+ CRL.M.C. 2587/2016 & Crl.M.A. 11094/2016 (directions) NARESH PAL CHAUDHARY Petitioner Represented by; Mr. Sushil Bajaj, Mr. Gaurav Chauhan, Advs.

versus STATE OF NOT OF DELHI & ANR Respondent Represented by: Mr. Ravi Nayak, APP with SI Sohan Lai DIU/South.

Mr. Charan S. Verma, Mr.

Rishab Nagar, Advs. for R-2.

CRL.M.C. 2592/2016 & Crl.M.A. 11108/2016 (directions) + NARESH PAL CHAUDHARY Petitioner Represented by: Mr. Sushil Bajaj, Mr. Gaurav Chauhan, Advs.

versus CRLM.Cs, 2194/2016, 2587/2016 & 2592/2016 By:AMULYA

STATE OF NOT OF DELHI & ANR Respondent Represented by; Mr. Ravi Nayak, APP with SI Sohan Lai DIU/South.

Mr. Charan S. Verma, Mr.

Rishab Nagar, Advs. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

ORDER

"/o 09.03.2017 By these three petitions the petitioner sought cancellation of anticipatory bail granted to Ajit Singh and Vikramjeet Singh, father and son in Crl.M.C. 2194/2016, Shishirjit Singh in Crl.M.C. 2587/2016 and Sanjay Singh in Crl.M.C. 2592/2016.

Learned counsel for the petitioner at the outset submits that the charge-sheet has been filed. Though the petitioner does not seriously seek cancellation of anticipatory bail granted to the four accused, his grievance is that the order passed by the learned Additional Sessions Judge granting anticipatory bail to the four petitioners named above was in a way passing an order of acquittal, the same would have a bearing during the trial as the same would influence the concerned Judge even at the time of taking cognizance or at the stage of 'hearing of charge or the final decision on merits.

Needless to say that any order granting bail or anticipatory bail has no bearing on the merits of the case as the same is only a prima facie expression of opinion on the facts placed then before the Court. At the stage of taking cognizance and even at the stage of framing of charge or to that matter of CRLM,Cs, 2194/2016, 2587/2016 & 2592/2016

fact at the conclusion of trial, the learned Trial Court is required to look into the material/ evidence independently and form its opinion thereon. Learned counsel for the petitioner does not press the present petitions. Petitions and applications are dismissed as withdrawn. ^ MUKTA GUPTA, J.

MARCH 09,2017 'ga'

CRLM, Cs. 2194/2016, 2587/2016 & 2592/2016