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High Court of DelhiBAIL APPLN./1709/2018

Geeta Katyal v. State (Govt. Of NCT Of Delhi)

2018-07-23Hon'Ble Mr. Justice Sanjeev Sachdeva2 pages

$~72 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1709/2018 GEETA KATYAL ..... Petitioner Through:

Mr. B.P. Sharma with Ms. Jyoti, Advs.

versus STATE (GOVT. OF NCT OF DELHI) ..... Respondent Through:

Ms. Neelam Sharma, APP for the State with SI Ranveer Mavi, P.S. Anand Vihar

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.07.2018 Crl. M.A. 28330/2018 (Exemption) Allowed, subject to all just exceptions.

BAIL APPLN. 1709/2018 1.

Petitioner seeks anticipatory bail in FIR No.152/2018 under sections 420/467/468/471/120B IPC at Police Station Anand Vihar. 2.

Learned counsel for the petitioner points out that in the bail application filed by the co-accused (Bail Application No.1550/2018), interim protection was granted by order dated 06.07.2018. He further submits that when the present petitioner had approach this court for grant of anticipatory bail (Bail Application No.1657/2018), it was pointed out on 18.07.2018 by the Investigating Officer that petitioner BAIL APPLN. 1709/2018

had already been declared an absconder by following the procedure under Section 82 Cr.P.C.

3.

Learned counsel points out that subsequently it transpired that provisions of Section 82 Cr.P.C. (2)(i)(a) and 82 (2) (ii) have not been complied with.

He further submits that in terms of order dated 18.07.2018, the petitioner moved an application for surrendering before the Trial Court, however, notice was issued of said application. He submits that the petitioner is willing to join investigation. 4.

In view of the above, the present petition is disposed of directing that no coercive action shall be taken against the petitioner till the application moved by the petitioner before the Trial Court is disposed of by the Trial Court.

5.

In the meantime, the petitioner shall join the investigation as and when required by the Investigating Officer. 6.

Petition is disposed of in the above terms.

7.

Copy of the order be given Dasti under the signature of the Court Master.

SANJEEV SACHDEVA, J JULY 23, 2018 ns BAIL APPLN. 1709/2018