Wuthikorn Naruenartwanch @ Willy v. National Investigation Agency

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.A. 40/2017 WUTHIKORN NARUENARTWANCH @ WILLY ..... Appellant Through:

Mr. Anand Grover, Senior Advocate with Mr.

Nikhil Borwankar, Mr.

Pankaj Sharma, Mr.

Shobit Kulshrestha, Ms. Varsha Ranjan, Mr.

Ropenshu Pratap Singh, Advocates versus NATIONAL INVESTIGATION AGENCY ..... Respondent Through:

Mr. Amit Sharma, Special Public Prosecutor for the NIA with Ms.

Kanchan, Public Prosecutor, NIA, Mr. Som Prakash, Mr. Rajiv Singh, Advocates, with Mr. Amod Kumar, Investigating Officer, NIA.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI HON'BLE MR. JUSTICE P.S.TEJI

O R D E R

% 02.11.2017 Crl. M.A. No. 17400/2017 (Modification of Order dated 22.08.2017) We have heard counsel for the applicant at length. The appellant seeks modification of the order dated 22.08.2017, whereby he was enlarged on bail subject to his furnishing personal bond of Rs.5 lakh and two sureties of the like amount. The submission made is that the appellant is not in a position to furnish two solvent sureties in the like amount on account of the fact that he is a foreign national and he does not know any person in India, who would be willing to furnish sureties for him. Learned senior advocate appearing on behalf

of the appellant further submits that the appellant had obtained a loan and is in position to make a cash deposit of Rs.5 lakhs instead of furnishing two sureties.

Mr. Amit Sharma, Special Public Prosecutor for the State has submitted that the condition regarding furnishing of two solvent sureties in the sum of Rs.5 lakhs was imposed to ensure that the appellant who is a foreign national does not leave India and is available to face trial.

Since the appellant states that he does not have any contacts in India who could furnish sureties at his request and considering the fact that he is willing to deposit an amount of Rs.5 lakhs as cash security, we are inclined to allow the application. It is ordered accordingly. Consequently, para 29 of the order dated 22.08.2017 is modified to the extent that requirement of furnishing two solvent sureties stand waived and instead of furnishing a personal bond of Rs.5 lakhs, the appellant is permitted to deposit a sum of Rs.5 lakhs in cash before the Trial Court. However, the other conditions prescribed in para 29 of the order dated 22.08.2017 shall continue to apply. With aforesaid directions, the present application is disposed of. Dasti under signature of Court Master.

VIPIN SANGHI, J P.S. TEJI, J NOVEMBER 02, 2017 pkb