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DINESH KUMAR SHARMA
Mohammad Saddan Ansari – Appellant
Versus
State (Govt. of NCT Delhi) – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--The present application was moved for grant of anticipatory bail.
2. Learned APP for the State submits that the petitioner is absconding and NBWs have already been issued against him.
3. The petitioner was granted interim protection vide order dated 03.06.2022 subject to the condition of making payment of Rs.30 lakhs in two instalments of Rs.15 lakhs. However, it was recorded vide order dated 28.09.2022 that the cheque issued by the petitioner was dishonoured and therefore interim protection was withdrawn.
4. Today, none has appeared on behalf of the petitioners.
5. Taking into account the totality of the facts, the petition along with pending application is dismissed.
Dishonour of cheque and absconding of the petitioner led to the dismissal of the petition for anticipatory bail.
The court considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.
The court's decision was based on the confirmation of interim protection and admission to court bail after the charge sheet had been filed and charges framed against the petitioner.
The court emphasized the need for expeditious decision-making by the Trial Court and clarified that it had not gone into the merits of the case.
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
The importance of expeditious disposal of anticipatory bail applications and the need to protect the valuable right of a person involved in matters concerning personal liberty.
Grant of anticipatory bail and imposition of specific conditions to ensure cooperation in the investigation.
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