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1998 Supreme(Del) 54

MOHD.SHAMIM
ONKAR GULATI – Appellant
Versus
STATE OF DELHI – Respondent


Advocates Appeared:
P.K.BEHL, R.K.Nasim, SUMAN KAPUR

Mohd. Shamim, J.

( 1 ) THE accused persons and their friends and other relations on the said date belaboured Shri Onkar Gulati, and a report as per the directions of the Division Bench of this Court had been ordered to be registered in connection with the said incident. The learned Counsel on the basis of the said incident wants this Court to cancel the bail of the petitioner. Admittedly the said incident is alleged to have taken place on February 15, 1997. The bail to Brij Mohan accused was granted by learned predecessor of this Court on July 15, 1997. The learned Judge while granting the said bail took into consideration each and every point and thereafter arrived at a conclusion that the present case was a fit case for grant of bail in as much as the role assigned to Shri Brij Mohan accessed was that of exhortation only. He did not take any part in the commission of the crime. It was this factor which weighed with the Court while granting the bail. I thus feel that the petitioner cannot press into service the said incident for cancellation of bail.

( 2 ) THE other incident which the learned Counsel for the petitioner Mr. Suman Kapoor has tried to take advantage of is alleged to


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