Pawan Kumar Bansal v. The State Govt Of NCT Of Delhi

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2286/2017 and Crl.M.A. No.18379/2017 PAWAN KUMAR BANSAL ..... Petitioner Through:

Mr.Lal Singh Thakur, Advocate versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr.Raghuvinder Varma, APP for State

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 15.11.2017 Vide the present petition, the applicant seeks transit bail under Section 438 Cr.P.C. 1973, in connection with the FIR registered as Case Crime No.0186 of 2017 under Sections 498-A, 323, 504,506,354,377,313 of the Indian Penal Code, 1860 read with Sections 3 & 4 of the Dowry Prohibition Act at Police Station Mahila Thana, Ghaziabad.

At the outset, on behalf of the State a submission has been made that the matter relates to the jurisdiction of the District Ghazibad, under the State of U.P. and that the State of U.P. which has not been made a party ought to have been made a party, which submission is apparently correct.

Placed as Annexure P-2 is the true copy of the order dated 6.6.2017 in Crl. (Misc.) Writ Petition No.10300/17 of the Hon‟ble Division Bench of the High Court at Allahabad giving an opportunity for mediation to the parties with the further direction to the petitioner to deposit a sum of Rs.30,000/- within the stipulated period of time directed thereby with the direction that in case the said amount was

not deposited within the time frame as directed vide order dated 6.6.2017, the interim protection granted to the petitioner would stand automatically vacated and the petition would stand dismissed without further reference to any Bench of that learned Court. Taking the said order dated 6.6.2017 into account, as vide paragraph „J‟ of the application under consideration it has been submitted by the applicant to the effect that: " J. That the Demand Draft worth Rs.30,000/- was prepared by the petitioner dated 16.06.2017 and was sent to the Ld. Counsel of the Petitioner for deposition, but it was not deposited within time, therefore an application for grant of extension of time in depositing the DD vide application no.

200592/17 was filed in July 2017 before the Hon'ble High Court of Allahabad;", it is categorically broughtforth that the compliance of the deposit of the sum of Rs.30,000/- as directed vide order dated 6.6.2017 has not been complied with within the time frame as directed in Crl. (Misc.) Writ Petition No.10300/17 vide order dated 6.6.2017 of the Hon‟ble Division Bench of the High Court at Allahabad, this Court is constrained to decline the prayer.

The petition is dismissed.

ANU MALHOTRA, J NOVEMBER 15, 2017/sv