Bhuwan Chandra Pandey v. State (Govt Of NCT Of Delhi)

$~84 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2000/2018 & CRL.M.A. 30782-30783/2018 BHUWAN CHANDRA PANDEY ..... Petitioner Through:

Mr. Biswajit Swain with Mr. Manoj Kumar, Advocates.

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

Mr. Amit Ahlawat, APP for State with SI Rampal, P.S. Mehrauli.

Mr. Varun Kumar, Advocate for complainant along with complainant in person.

CORAM:

HON'BLE MR. JUSTICE R.K.GAUBA

O R D E R

% 27.08.2018 Prior to moving the present application before this Court, the petitioner had moved before the court of sessions by bail application no. 1034/2018. The said application has been dismissed by the Additional Sessions Judge through order dated 14.08.2018 which reads as under:- "This is an application filed on behalf of the applicant/accused under Section 439 Cr.P.C. for grant of bail. Heard.

The counsel for the applicant/accused has argued his application in detail.

On the other hand, Ld. Addl. PP for the State has vehemently opposed this application on the ground that investigation is at a crucial stage.

In these circumstances, I am not inclined to grant bail to the accused at this stage. Hence, the bail application is hereby dismissed.

Copy of this order be given dasti."

BAIL APPLN. 2000/2018

The least that can be said about the above order is that it does not pass the muster of a judicial order. No facts have been taken note of nor any reasons given for the afore-mentioned result of the prayer made, leave alone the contentions of the parties. The order dated 14.08.2018 is, thus, set aside. The court of sessions is directed to pass a proper reasoned judicial order after hearing the parties afresh. For this, the matter shall be taken up by the said court on 29th August, 2018. The bail application at hand is presently disposed of with these observations.

Dasti, under the signatures of Court Master to all sides. R.K.GAUBA, J AUGUST 27, 2018 srb BAIL APPLN. 2000/2018