Pardeep Rana @ Kala @ Khau vs State
2019 Latest Caselaw 447 Del

$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
%                       Judgment delivered on: 23.01.2019
+    BAIL APPLN. 5/2019
       PARDEEP RANA @ KALA @ KHAU                     ..... Petitioner

                          versus

       STATE                                          ..... Respondent
Advocates who appeared in this case:
For the Petitioner :      Mr. Sanjay Rana with Mr. Anil
                          Dagar, Advocates.

For the Respondent:       Ms. Kusum Dhalla, APP for the State.
                          SI Ravi Rana, PS Bawana.
CORAM:-
HON'BLE MR JUSTICE SANJEEV SACHDEVA

                             JUDGMENT

SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks regular bail in FIR No.117/2019 under Sections 302/506/34 IPC and Sections 25/27 Arms Act, Police Station Bawana.

2. The petitioner was arrested on 30.06.2009. On 03.06.2011, the petitioner was granted regular bail.

3. Thereafter, the petitioner participated in the trial, however, he stopped appearing before the Trial Court and, accordingly, by order dated 27.08.2016, he was declared a proclaimed offender. On 27.10.2017, the petitioner was once again taken in judicial custody

and is in custody since then except being released on interim bail on two occasions.

4. Learned counsel for the petitioner submits that the petitioner had failed to appear as there was an apprehension that he would be implicated in other cases. He further submits that that was an error on the part of the petitioner and the petitioner now undertakes to appear on every date when the matter is listed before the trial court.

5. Learned counsel for the petitioner further submits that the petitioner is the sole bread earner in the family and his wife is not keeping good health.

6. Keeping in view of the fact that the petitioner was earlier enlarged on regular bail and his bail was cancelled on the ground that he had failed to appear and also keeping in view of the fact that the petitioner was granted interim bail and he thereafter surrendered in terms of the orders of the Court, I am of the view that the petitioner has made out a case for grant of regular bail. Accordingly, on petitioner furnishing a personal bond in the sum of Rs.1,00,000/- with one surety of the like amount to the satisfaction of the Trial Court, petitioner shall be released on bail, if not required in any other case.

7. Petitioner shall not do anything which may prejudice either the trial or the prosecution witnesses. Petitioner shall not leave the National Capital Territory of Delhi without the prior permission of the

Trial Court. The petitioner shall surrender his passport, if any, before the Trial Court, if not already done. Petitioner shall also abide by his undertaking that he shall appear before the Trial Court regularly.

8. Petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J JANUARY 23, 2019 st