The power of anticipatory bail should be exercised only in exceptional cases, and the duty of the learned MM to monitor the investigation is crucial in determining the entitlement to bail.

JUDGMENT :

Dinesh Kumar Sharma, J.

CRL.M.A. 10821/2023 (exemption)

1. Exemption is allowed subject to all just exceptions.

BAIL APPLN. 1333/2023

2. The present bail application has been moved under Section 438 of Cr. P.C. seeking anticipatory bail in case FIR No. 159/2020 dated 17.10.2020 registered at PS Crime Branch, under Sections 420/468/471/120B IPC & 3 of Emblems and Names (Prevention of Improper Use) Act, 1950. This is the fourth bail application filed by the petitioner-accused.

3. The first bail application bearing BAIL APPLN. 258/2022 was dismissed as withdrawn vide order dated 07.03.2022. Subsequent to that, the petitioner moved another bail application bearing BAIL APPLN. 350/2022 which was dismissed vide a detailed order dated 31.03.2022 by the learned Additional Sessions Judge-01, North East, Karkardooma, Delhi.

4. The petitioner again invoked the jurisdiction of this Court and filed a bail application bearing BAIL APPLN. 1474/2022, which was also dismissed by a detailed order of this Court dated 08.07.2022.

5. Subsequently another bail application bearing BAIL APPLN. 1495/2022 was preferred and the same was also dismissed by a detailed order dated 24.12.2022 passed by the learned ASJ-02, Karkardooma Courts, Delhi.

6. Subsequent thereto, the petitioner again moved a bail application before this Court vide bail application bearing BAIL APPLN. 862/2023 and the same was disposed of vide order dated 16.03.2023 with a direction to the petitioner to join the investigation and the IO was directed to serve a notice of seven days in case he felt the necessity of effecting the arrest of the petitioner.

7. The petitioner in compliance of this order, joined the investigation on 24.03.2023, 29.03.2023, 05.04.2023 and 18.04.2023. However, IO served a notice under Section 41A Cr. P.C. on 18.04.2023 in compliance of the order dated 16.03.2023.

8. Sh. Siddharth Aggarwal learned senior counsel for the petitioner has vehemently argued that in fact the petitioner is being harassed unnecessarily and despite the fact that he has joined the investigation continuously as and when directed by the IO. Learned senior counsel submits that the petitioner cannot be arrested merely because he is not settling the matter with the complainant or not giving answers suitable to the prosecution. Learned senior counsel submits that even as per the record only Rs. 12,00,000/- have been received in the account of the petitioner - accused and that too not from the account of the complainant. However, the complainant is demanding a sum of around Rs. 2,11,00,000/-. Learned senior counsel submits that in fact the prosecution agency is being compelled by the learned CMM by way of consecutive orders to effect the arrest of the present petitioner which are totally illegal in nature. Learned senior counsel submits that after orders passed by this Court dated 08.07.2022 in bail application bearing BAIL APPLN. 1474/2022 there are significant changes of circumstances i.e. the charge sheet has been filed; the petitioner has continuously been joining the investigation; the repeated orders passed by learned CMM directing the IO to arrest the accused persons which is totally illegal in nature. Learned senior counsel submits that thus the petitioner may be admitted to anticipatory bail.

9. Sh. Sanjeev Bhandari learned standing counsel has vehemently opposed the bail application and submits that in fact the petitioner has been avoiding arrest since the beginning and though he has appeared before the IO but did not cooperate with the investigation.

10. Learned standing counsel further submits that the bail application of the petitioner was dismissed by a detailed order dated 08.07.2022 and there are no changes in circumstances thereafter.

11. It is a settled position of law that the basic rule of criminal jurisprudence is bail not jail. The Supreme Court and this Court in a number of cases have propounded that the courts must enforce this principle in practice. It is also settled law