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High Court of DelhiBAIL APPLN./2163/2017

Varinder Singh Sethi v. The State NCT Of Delhi

2018-02-05Hon'Ble Ms. Justice Mukta Gupta2 pages

13# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2163/2017 VARINDER SINGH SETHI ..... Petitioner Represented by:

Mr. Peeyoosh Kalra, Mr.

Neeraj Sharma, Ms. Sona Babbar and Ms. Puja Singh, Advocates.

versus THE STATE NCT OF DELHI ..... Respondent Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI Bhawani Shankar, PS Miyanwali.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.02.2018 1.

Status report has been handed over which is taken on record. 2.

By this petition the petitioner seeks anticipatory bail in case FIR No. 394/2017 under Sections 448/380/454/120B IPC registered at PS Mianwali Nagar on the complaint of Ms. Ritu Kohli sister of the petitioner. 3.

In the FIR the complainant stated that flat No. GH-13/397, Paschim Vihar, Delhi had been purchased out of the funds of her father in the name of the petitioner however, as per the oral family settlement the said flat came to her share. She had been living in the said flat which was in her possession since 2003 though in the year 2015 she and her family moved out of the said flat to property No. B-409, 2nd Floor, Meera Bagh, Delhi. It is the case of the complainant that on 28th July, 2017 the petitioner attempted to BAIL APPLN. 2163/2017

trespass the property and committed theft of her articles lying there. Thereafter the petitioner took forcible possession of the flat and has sold the same.

4.

In view of the nature of allegations, the fact that the dispute essentially is of division of the property belonging to the parents and that the petitioner has already joined the investigation, this Court deems it fit to grant anticipatory bail. It is, therefore, directed that in the event of arrest the petitioner be released on bail on his furnishing a personal bond in the sum of ₹25,000/- with one surety of the like amount, subject to the satisfaction of the Arresting Officer/SHO concerned, further subject to the condition that he will join the investigation as and when directed by the Investing Officer and will not leave the country without prior permission of the Court concerned and in case of change of address of the petitioner, the same will be intimated to the learned Trial Court by way of an affidavit. 5.

Petition is disposed of.

6.

Order dasti.

MUKTA GUPTA, J.

FEBRUARY 05, 2018 'vn'

BAIL APPLN. 2163/2017