Ashok Pandit vs The State & Ors.
2015 Latest Caselaw 5038 Del

$~25 & 26

*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of Decision: 15th July, 2015

(i)    +                     CRL.M.C. 2081/2014
       ASHOK PANDIT                                      ..... Petitioner
                             Through:   Mr. Amit Sharma, Advocate

                    versus

       THE STATE & ORS                                     .....Respondents
                     Through:           Mr. Vinod Diwakar, Additional
                                        Public Prosecutor for respondent-
                                        State with SI Mahender Pratap
                                        Mr. Vinod Kumar, Advocate for
                                        respondent No.3

(ii)   +                     CRL.M.C. 2083/2014
       ASHOK PANDIT                                      ..... Petitioner
                             Through:   Mr. Amit Sharma, Advocate

                    versus

       THE STATE & ORS                                     .....Respondents
                     Through:           Mr. Vinod Diwakar, Additional
                                        Public Prosecutor for respondent-
                                        State with SI Mahender Pratap
       CORAM:
       HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% (ORAL)

In the above-captioned two petitions, cancellation of pre-arrest bail granted to respondents-accused persons in FIR No.430/2014 under

CRL.M.C. 2081 & 2083 of 2014 Page 1 Sections 420/34 of IPC registered at P.S. Narela, Delhi is sought on the ground that for effecting recovery, custodial interrogation of respondents- accused persons is required.

Since the above captioned two petitions arise out of one FIR and the grounds on which the cancellation of pre-arrest bail is sought are identical, therefore, these two petitions were heard together and by this common judgment, they are being disposed of.

At the hearing, learned counsel for petitioner submitted that respondents-accused persons are not joining the investigation and a clear cut case of cheating is made out against them, which disentitle them to the concession of pre-arrest bail, as custodial interrogation of respondents-accused persons is required for the purpose of effective investigation. Learned counsel for petitioner further submitted that the manner in which the offence in question has been committed by respondents-accused persons, does not entitle them to concession of pre- arrest bail and so, pre-arrest bail granted to respondents-accused persons deserves to be cancelled.

Learned counsel for respondent No.3 had supported the impugned order and submitted that there is no illegality in it and that respondents- accused persons have already joined the investigation of this case.

Mr. Vinod Diwakar, learned Additional Public Prosecutor for respondent-State, had submitted that respondent-accused Gaurav Kumar is no longer in this world and that other respondents-accused persons have already joined the investigation of this case.

Upon hearing and on perusal of the bail order, the status report and the material on record, I find that considering the delay aspect and the

CRL.M.C. 2081 & 2083 of 2014 Page 2 nature of transaction between the parties, pre-arrest bail has been rightly granted to respondents-accused persons. In the considered opinion of this Court, there is no improper exercise of discretion by the trial court in granting the pre-arrest bail to respondents-accused persons.

Considering that respondents-accused persons have now joined the investigation and even on merits, no case for cancellation of pre-arrest bail granted to respondents-accused persons is made out. Resultantly, both these petitions are dismissed while not commenting upon merits of this case.

                                                       (SUNIL GAUR)
                                                          JUDGE
JULY 15, 2015
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CRL.M.C. 2081 & 2083 of 2014                                        Page 3