Dr. Dalpreet Singh Mundhi v. State & ANR.

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2717/2018, Crl. M.As. 47587-88/2018 DR. DALPREET SINGH MUNDHI ..... Petitioner Through: Mr. J. P. Singh and Mr. Hemant Sharma, Advocates.

Versus

STATE & ANR.

..... Respondent Through:

Mr. Rajat Katyal, Additional Public Prosecutor for State with SI Gaurav, P.S. Rani Bagh.

Mr. Avadh Kaushik, Mr. Pankaj Kumar and Mr.

Devashish Maharishi, Advocate for Respondent No.2 with Respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 12.12.2018 CRL.M.A. 47587/2018 (Exemption) Exemption allowed, subject to all just exceptions. The application stands disposed off.

BAIL APPLN. 2717/2018, Crl. M.A. 47588/2018 On December 4, 2018, the petitioner's application for modification of the order dated 19.11.2018 was dismissed because the Court found that the condition for his interim protection from arrest had been violated. The petitioner was required to deposit Rs.15 lacs in the bank account of respondent No.2 by 27.11.2018 and Rs.10 lacs by today i.e. 12.12.2018. He is clearly in default of the said order. The first order had also directed the petitioner to pay arrears of maintenance by 12.12.2018 alongwith Rs.5 lacs. The fact that the petitioner had moved an application for modification of the order dated 19.11.2018 is a clear admission that he knew fully well of the

said order. There is no explanation, whatsoever, as to why he has not complied with the said order.

In the circumstances, the interim protected granted by order dated 19.11.2018 is withdrawn.

The petitioner has enjoyed reprieve from arrest for the last two months on his specific undertaking that he would pay monies to the respondent no. 2. He has deliberately not honoured the said undertaking. He has misused the process of the Court. In the circumstances, the petition is dismissed with a cost of Rs.50,000/- to be paid to respondent no. 2 within two weeks from today.

NAJMI WAZIRI, J.

DECEMBER 12, 2018/sb/acm