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AHSANUDDIN AMANULLAH, S. V. N. BHATTI
Netsity Systems Pvt. Ltd. – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT :
Heard learned senior counsel and/or counsel for the parties.
2. Leave granted in both petitions.
THE IMPUGNED ORDER:
3. These twin appeals are directed against the common Impugned Final Order dated 18.11.2024 passed by a learned Single Judge of the High Court of Delhi at New Delhi (hereinafter referred to as the ‘High Court’) in Crl. M. C. Nos.8956/2024 and 8957/2024 by which the petitions filed by the appellant against the Order dated 16.08.2024 passed by the learned Additional Sessions Judge (ASJ)-2/Special Judge (NDPS), East, Karkardooma Courts, Delhi (hereinafter referred to as the ‘Sessions Judge’), upholding the grant of bail to the (respective) respondents no.2-accused and his co-accused wife by the learned Additional Chief Metropolitan Magistrate, Karkardooma Courts, East District, Delhi (hereinafter referred to as the ‘ACMM’), were dismissed by the High Court.
4. The appellant is the complainant in Complaint Case No.4142/2017 filed before the ACMM.
APPELLANT’S SUBMISSIONS:
5. Learned senior counsel for the appellant submitted that the accusation against the accused husband and his co-accused wife was that they had taken Rs.1,90,00,000/- (Rupees One Crore Ninety Lakhs
(1) Bail – Grant or refusal to grant bail lies within discretion of court – No precedent operates in a vacuum and must be co-related to extant facts.(2) Roster – It is not for any Court, while referr....
The power to grant bail should be exercised judiciously, taking into consideration the gravity of the offence, the evidence on record, and the likelihood of the accused tampering with evidence or inf....
The considerations for grant of bail and cancellation of bail are distinct. Factors to be considered for anticipatory bail include the nature and gravity of the accusation, antecedents of the applica....
Cancellation of anticipatory bail – It is only in a case where there are any supervening circumstances or allegations of misuse of liberty, then application for cancellation of bail can be entertaine....
Bail cannot be granted solely on ground of parity without considering relevant features of case.
(1) While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record – Due ....
Anticipatory bail – Specious reason of change in circumstances cannot be invoked for successive anticipatory bail applications, once it is rejected by a speaking order and that too by same Judge.
(1) Anticipatory bail – Once anticipatory bail is granted, it ordinarily continues without fixed expiry – Filing of charge-sheet, taking of cognizance, or issuance of summons does not terminate prote....
The principle of parity in bail applications mandates that co-accused in similar circumstances should be treated alike, ensuring consistency in judicial decisions.
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