Shri Kamal Kishore Aggarwal v. State Govt Of NCT Of Delhi & ORS

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2782/2017 SHRI KAMAL KISHORE AGGARWAL ..... Petitioner Through Mr. Akshay Bhatia, Adv.

versus STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through Dr. M.P. Singh, APP for respondent no. 1

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 01.03.2018 Bailable warrants issued against the respondent no. 3 have remained unserved.

It is reported that he was not found at the given address. On inquiry being made by ASI Jai Prakash, it was revealed that Abhishek Goel has left the address three years ago.

Respondent no. 3 Abhishek Goel was granted anticipatory bail by the learned Single Judge of this Court, vide order dated 2nd February, 2015 passed in Bail Application no. 94/2015 in view of compromise arrived, in terms whereof `7,45,629/- was to be paid in ten monthly installments. Compromise was arrived at on 2nd February, 2015. Bail order stipulates that

in case of default in complying with the terms of Compromise, State will be at liberty to move appropriate application for cancellation of bail. State has not moved any application but has supported this application filed by the complainant. It is submitted that only one instalment was paid. The terms of the compromise have not been complied with, inasmuch as respondent no. 3 has left the address and is not traceable. Anticipatory bail granted to the respondent no. 3 is, thus, cancelled. Petition is disposed of in the above terms.

A.K. PATHAK, J.

MARCH 01, 2018 r.bararia