Varun Sahgal v. C B I

$~85 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ Bail Appl. No. 1124/2015 VARUN SAHGAL ..... Petitioner Through:

Mr.Sanjeev Sahay, Mr. Piyush Singhal, Advocates versus C.B.I.

..... Respondent Through:

Mr. Sanjeev Bhandari, Special Public Prosecutor for CBI alongwith SubInspector Mr. Chander Deep, CBI

CORAM:

HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 22.02.2016 Crl. M.A. No.3292/2016 (Exemption) Exemption allowed subject to all just exceptions. Application stands disposed of.

Crl. M.A. No. 3291/2016 (Directions) By this application filed under Section 482 of Cr. PC, the petitioner seeks directions not to take any coercive steps against the him till the final disposal of Crl. Rev. P. No. 731/2015. Perusal of the record shows that the main bail application No.1124/2015 was disposed of on 24th November 2015 on the submission of the petitioner that he would be satisfy if the main petition is disposed of by granting bail uptil 20th February 2016. Keeping in view the submission of Counsel for the petitioner, this

court granted the bail to the petitioner uptil 20th February 2016 subject to his furnishing personal bond in the sum of Rs.1 lac with two sureties in the like amount to the satisfaction of the trial court. Now the present application has been filed for seeking extension of the bail till the final disposal of the revision petition No.731/2015. Counsel for the petitioner contended that the petitioner has remained behind bar from 4.12.2014 till 24.11.2015. I have heard the submissions of the learned counsel for the petitioner and also perused the order dated 24th November 2015 granting bail to the petitioner. Apparently, the bail application was decided on 24th November 2015 by granting bail to the petitioner up till 20th February 2016 and that too on the submission of the Counsel for the petitioner.

The position as on today is that the petitioner was granted bail by this court uptil 20th February 2016 and the bail bond submitted by the petitioner were effective till 20th February 2016. In other words, the petitioner/ accused was required to surrender before the Jail Authorities on 20th February 2016. It is further admitted case that till 20th February 2016, neither the period of bail was extended nor any bail bond beyond the period of 20th February 2016 was executed. As on today, the status of the petitioner is that the petitioner has not complied with the order of the bail granted on 24th November 2015 by not surrendering before the Jail authorities. Despite passing the order on the request of the petitioner for grant of bail uptil 20th February 2016, non-surrendering on the completion of the period and not having any extension of bail bond

period for his appearance before the court below and avoiding the arrest/surrendering, despite the completion of period of bail, makes the petitioner disentitle for the grant of any concession of extension of bail, particularly when the period of bail has already been expired on 20th February 2016.

Consequently, in the facts and circumstances of the case, the present application filed by the petitioner is dismissed being devoid of any merit.

P.S.TEJI, J FEBRUARY 22, 2016 pkb