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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Mohammad Saddan Ansari – Appellant
Versus
The State (Govt. of NCT Delhi) – Respondent
Bail Appln. 1567 of 2022, Crl.M.(Bail) 606 of 2022
Decided On : 13-02-2023
Anticipatory Bail - Dishonoured Cheque - Dismissal of Petition
Fact of the Case:
The petitioner moved for grant of anticipatory bail but was found to be absconding with NBWs issued against him. The petitioner was granted interim protection subject to the condition of making payment of Rs.30 lakhs in two instalments, but the cheque issued was dishonoured, leading to the withdrawal of interim protection. None appeared on behalf of the petitioners during the hearing.
Finding of the Court:
The court dismissed the petition and pending application, considering the totality of the facts.
Issues:
Ratio Decidendi: The dishonour of the cheque issued by the petitioner led to the withdrawal of interim protection, and the petitioner's absence during the hearing further influenced the court's decision to dismiss the petition.
Final Decision: The petition along with pending application is dismissed.
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order dated 28.09.2022 that the cheque issued by the petitioner was dishonoured and therefore interim protection was withdrawn.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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