Delhi High Court
Nittin Johari vs Sfio on 28 May, 2019
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of Order: May 28, 2019
+ BAIL APPLN.1377/2019
NITTIN JOHARI ..... Petitioner
Through: Mr. Mohit Mathur, Senior
Advocate with Mr. Gautam
Khazanchi, Mr. Pradyuman
Kaistha and Mr. Akhilesh Kumar,
Advocates
Versus
SFIO ..... Respondent
Through: Mr. Anurag Ahluwalia, CGSC and
Mr. Olson Nair, Advocate
CORAM:
HON'BLE MR. JUSTICE SUNIL GAUR
ORDER
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Petitioner seeks two weeks interim bail in case No. 5/5/2016/CL-II
to perform the funeral ceremonies of his mother who had died on 24th
May, 2019. Petitioner had earlier approached this Court for interim bail to
get his mother treated and this Court vide order of 17 th May, 2019 had
declined interim bail but had permitted him to meet his mother while in
custody.
Similar prayer, as made in this petition, was made before trial
court. Vide order of 24th May, 2019, trial court has declined interim bail
to petitioner but had permitted him to perform the funeral ceremonies of
his mother while in custody.
Learned Senior Counsel for petitioner submits that petitioner had
performed the last rites of his mother yesterday while in custody but for
asthi visarjan in Haridwar, petitioner be granted interim bail as the asthi
visarjan is to be performed with a free mind and without fetter. It is
submitted that asthi visarjan of petitioner's mother is to take place on 30th
May, 2019 and shanti pooja havan is to be performed on the next day and
on 2nd June, 2019, daswan ceremony is to be performed by petitioner and
on 4th June, 2019, tehrvi ceremony of petitioner's mother is to be
performed, and for performing these ceremonies with free mind,
petitioner requires interim bail.
On the contrary, learned Central Government Standing Counsel for
respondent opposes the prayer for interim bail and submits that trial court
has already permitted petitioner to perform these ceremonies in custody
and so this application deserves rejection in view of the gravity of offence
committed by petitioner.
After having heard both the sides and on perusal of trial court's
order of 24th May, 2019 and this Court's order of 17th May, 2019, I find
no reason to take a different view than the one taken by this Court in the
order of 17th May, 2019. Trial court in the order of 24 th May, 2019 has
proceeded to decline interim bail to petitioner while treating the order of
17th May, 2019 of this court as precedent and by observing that petitioner
is the master mind of the entire fraudulent arrangement of manipulation
through letters of credit by filing false documents with various banks
involving Rupees Twenty Thousand Crores. This Court is of the
considered view that trial court has rightly declined interim bail to
petitioner but the period of custody bail for performing asthi visarjan is
found to be inadequate. Since petitioner has to perform asthi visarjan in
Haridwar, therefore, it is directed that petitioner be taken in custody at his
expense to Haridwar in the early morning of 30th May, 2019 (preferably
at 05:00 a.m.) and be brought back in custody on the same day by 09:00
p.m. and for Shanti Pooja Hawan on 31st May, 2019 and Daswan on 2nd
June, 2019, petitioner be taken in custody at his expense to the venue of
these programmes by 09:00 a.m. and be brought back before sunset.
Similarly, on 4th June, 2019 for tehrvi ceremony, petitioner be taken to the
venue of ceremony well in time and be brought back before sunset on the
same day. Trial court's order of 24th May, 2019 is modified to the
aforesaid extent.
The concerned Jail Superintendent be apprised of this order
forthwith through special messenger.
With aforesaid directions, this application is disposed of.
A copy of this order be given dasti under the signatures of Court
Master to counsel representing both the sides.
(SUNIL GAUR)
JUDGE
MAY 28, 2019
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