The main legal point established in the judgment is the court's discretion in granting interim bail, considering the facts and circumstances of the case and the ongoing litigation, and the direction to the Trial Court not to be influenced by the observations made by the court.

JUDGMENT

Suresh Kumar Kait, J. - Vide the present petition, the petitioner prays as under:

(i) Allow the present application and grant regular bail to the applicant in the matter of subject FIR (namely FIR No.424/2018 dated 18.10.2018 registered with PS Subhash Place, NW, Delhi);

(ii) Grant interim bail in the above referred subject FIR and he be kindly forthwith released on interim bail in the matter of subject FIR (namely FIR No.424/2018 dated 18.10.2018 registered with PS Subhash Place, NW, Delhi) pending final disposal of the present application;

(iii) Grant ex parte order in terms of prayer (ii) above.

2. After considering the averments made in the present petition and status report and submissions of the learned counsel for the parties, on 31.12.2018, this Court passed order as under:

"1. Petitioner is seeking regular bail under Section 439 (a) CrPC in FIR No. 424 dated 18th October, 2018 under Section 420/34 IPC, PS Subhash Place, North West Delhi.

2. Pursuant to the last order, learned APP for the State has filed a status report, copy whereof has been handed over to the learned counsel for the Applicant. The Applicant seeks and is granted two weeks'' time to file the response to the status report.

3. The accused has been in custody for about 60 days. The Applicant''s wife is presently on interim bail till 3rd January, 2019. The dispute between the parties arises out of an Agreement to Sell dated 2nd September, 2017 and it is stated that the parties are presently in litigation in respect of the aforesaid Agreement to Sell.

4. Investigation is complete and the charge sheet has been filed.

5. Looking into the facts and circumstances of the case, till the next date of hearing, the Petitioner is granted interim bail on furnishing his personal bond in the sum of Rs. 25000/- with one surety bond of like amount to the satisfaction of the learned Trial Court/CMM/Duty Magistrate. The Petitioner shall not go out of the territorial limits of National Capital Region of Delhi."

3. Thereafter, on 11.01.2019, the Court passed the order which is reproduced as under:

"1. Learned counsel for the petitioner submitted that the petitioner shall deposit the amount before the Trial Court within 2 weeks which is stated to be due to Rachit Katyal and Manpreet Singh Sahni, without prejudice to the rights and contentions of the parties and the defence of the petitioner.

2. Learned counsel for the petitioner further submitted that he shall file the receipt of the payment made to Mr. Sooraj Kumar.

3. The petitioner is directed to file the reply to the status report by way of affidavit.

4. Interim protection granted shall continue till the next date of hearing on the same terms and conditions as directed in the order dated 31.12.2018.

5. Renotify on 31.1.2019."

4. On 05.02.2019, the Court passed further order which is also reproduced as under:

"1. Learned counsel for the petitioner has handed over the certified copies of the proceedings dated 25.1.2019 and 31.1.2019 before the Trial Court, stating therein that the petitioner has filed the demand drafts before the Trial Court. Copies of the said proceedings have also been handed over to learned counsel for respondent No.2.

2. Renotify for final disposal at the end of the Board on 11.4.2019.

3. Interim order to continue."

5. Thereafter, interim protection continued and on 03.03.2020 recorded as under:

"Counsel for petitioner has assured this Court that he shall call Ms.Geeta in whose name the property in question was transferred for the same deed dated 12.04.2019.

For the aforesaid purpose, renotify on 27.03.2020.

Interim order to continue till further orders."

6. However, Mr.Chander Dang who is Constituted Attorney of the complainant filed an application dated 23.07.2020 which numbered as Crl.M.A.10430/2020 for cancellation of interim order dated 31.12.2018 by stating as under:

"6. The applicant/complainant, constrained, approached Police to register the investigate the matter after various other fact