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2015 Supreme(Del) 4245

SURESH KAIT
Directorate of Revenune Intelligence – Appellant
Versus
Anthony Akolo Alias Tony – Respondent


For the Petitioner:Mr.Amish Aggarwala and Mr.Satish Aggarwala, Advocates.
For the Respondent:Mr.Sumit Sharma, Advocate.

JUDGMENT :

Suresh Kait, J.

1. Vide this petition filed under Section 482 of the Code of Criminal Procedure, 1973, petitioner seeks direction thereby setting aside the order dated 28.05.2015 whereby learned Trial Court enlarged the respondent on bail in Sessions Case No. 10A/2013 titled as DRI v. Rakesh Arora & Others.

2. Learned counsel appearing on behalf of the petitioner submits that vide earlier order dated 13.02.2015, learned Special Judge noted that National Identity Card, Passport and Driving Licence found in possession of respondent were forged document and non-existent document on the system of Ministry concerned and the High Commission of Republic of Namibia. It was further noted that on 01.05.2013 after the respondent was apprehended, he was trying to escape from the custody. On these considerations, vide order dated 13.02.2015, learned Judge declined to grant bail. However, in the impugned order dated 28.05.2015, these aspects were not at all considered, though raised.

3. Learned counsel for petitioner further submitted that there was no change in the circumstances, no fresh material for considering the second bail application was produced and moreover, learned Trial Court




















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