Vikram B M v. The State Govt Of NCT Of Delhi

41# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 142/2018 VIKRAM B.M.

..... Petitioner Represented by:

Mr. Shaym Sunder, Sr.

Advocate with Mr. Anand Sanjay, M. Nuli, Ms. Vandana and Mr. Suraj Kaushik, Advocates.

versus STATE ..... Respondent Represented by:

Mr. Amit Gupta, APP for the State with SI Rakesh Kumar, PS Saket.

Mr. R.K. Nagpal and Mr. Anuj Yadav, Advocates for the complainant.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 18.01.2018 Crl. M.A. No. 1019/2018 (Exemption) Allowed, subject to all just exceptions.

BAIL APPLN. 142/2018 1.

By this petition the petitioner seeks anticipatory bail in case FIR No. 339/2017 under Sections 420/406/34 IPC registered at PS Saket, Delhi. 2.

Learned counsel for the petitioner states that the order declining the petitioner a proclaimed offender is an illegal order. 3.

Issue notice.

BAIL APPLN. 142/2018

4.

Learned APP accepts notice on behalf of the State. Learned APP for the State informs that the petitioner has already been declared a proclaimed offender by the Court of competent jurisdiction on 15th January, 2018. 5.

Thus in view of the decisions of the Hon'ble Supreme Court reported as 2012 (8) SCC 730 Lavesh vs. State (NCT of Delhi) and 2014 (2) SCC 171 State of Madhya Pradesh vs. Pradeep Sharma, the present petition seeking anticipatory bail is not maintainable. Needless to state the legality of the order declaring the petitioner a proclaimed offender is not the subject matter of the present petition for which the learned counsel for the petitioner seeks leave to take remedies in accordance with law. 6.

Leave granted.

7.

Bail application is dismissed.

MUKTA GUPTA, J.

JANUARY 18, 2018 'vn'

BAIL APPLN. 142/2018