Hemant @ Goldy v. State (NCT) Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 894/2017 HEMANT @ GOLDY ..... Petitioner Through:

Mr.M.N.Dudeja, Mr.Rajeev Thakral and Mr.Anuj Chauhan, Advocates.

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

Mr.Kamal Kr. Ghei, APP for State

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 26.05.2017 This is an application under Section 439 Cr.P.C. filed on behalf of the petitioner for grant of bail in case FIR No.593/2014, under Sections 392/365/397/411/34 IPC, registered at Police Station Shalimar Bagh, Delhi. Learned counsel for the petitioner has submitted that the petitioner was arrested in case FIR No.593/2014, under Sections 392/365/397/411/34 IPC by the police officials of Police Station Shalimar Bagh, Delhi. Counsel further submits that there is no role of the present petitioner in committing the above offence and submits that the co-accused Shakti Soni has already been granted bail who is facing trial under Sections 397/365/392/34 IPC. Counsel further submits that the role of the present petitioner is to the extent of Section 392 IPC only. He further submits that the petitioner is in judicial custody since 11.08.2014 and on the question of parity, the petitioner may

also be granted regular bail in the above case. On the other hand, learned APP for the State has vehemently opposed the bail application and submitted that the petitioner is involved in many other cases and further submitted that the present bail application deserves to be dismissed. Learned APP, however, on instructions submits that the coaccused Shakti Soni has already been released on bail by this Court vide order dated 27th April, 2017.

Looking into the above facts and circumstances, since the petitioner is in judicial custody since 11.08.2014 i.e. more than two years and nine months has already passed and the co-accused Shakti Soni has already been granted bail by this Court, therefore, on the ground of parity, I admit the petitioner on bail, on his furnishing bail bond in the sum of Rs.20,000/- with one surety of the like amount, to the satisfaction of the concerned Trial Court with the condition that the petitioner shall not leave India without prior permission of the Court below and he shall not tamper with the prosecution evidence.

The bail application is allowed and stands disposed of in the above terms. This order shall not affect the merits of the case. Copy of this order be given dasti, as prayed. I.S.MEHTA, J MAY 26, 2017 'dc'