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2011 Supreme(Del) 990

SURESH KAIT
Gayatri Devi – Appellant
Versus
State – Respondent


Advocates Appeared:
Mr. Mohit Mathur & Mr. Shishir Mathur, Advs. for the Petitioner.
Ms. Rajdipa Behura, APP for the State with Inspector Prabhu Dayal, police station Janakpuri in person.
Mr. Avadh Bihari Kaushik & Mr. Yogesh Rathee, Advs for the Respondent No. 2.

Suresh Kait, J.

1. Vide the present petition, the petitioner has assailed the order dated 21.04.2011 passed by learned Additional Sessions Judge, whereby the respondent No. 2/accused has been admitted on bail.

2. Before adverting to the petition, let briefly recapitulate the facts.

3. A case under Section 498A/304B Indian Penal Code was registered against respondent No. 2 and his relatives vide FIR No. 324/2009 dated 31.12.2009 at police station Janakpuri, New Delhi.

4. Initially, respondent No. 2 moved an anticipatory bail application before the Sessions Court which was rejected vide order dated 20.01.2010.

5. Being aggrieved, he approached this Court and vide order dated 10.03.2010, the petition of respondent No. 2 was rejected.

6. Thereafter, respondent No. 2 moved Special Leave Petition before the Supreme Court and vide order dated 05.04.2010, respondent No. 2 was granted interim relief.

7. Vide order dated 07.01.2011, during the pendency of the said SLP of respondent No. 2, Hon'ble Supreme Court wanted to see the FSL report, but the same was not available on the record. However, during the pendency of the SLP the investigating agency filed the charge-sheet in the present case on 13.0

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