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IN THE HIGH COURT OF DELHI AT NEW DELHI
Dinesh Kumar Sharma, J.
Niranjan Singh – Appellant
Versus
State – Respondent
Bail Appln. 2168 of 2021
Decided On : 13-02-2023
Interim Protection - Bail - The court granted interim protection to the petitioner and admitted him to court bail with certain conditions after the charge sheet had been filed and charges framed against the petitioner.
Fact of the Case:
The petitioner sought bail after the charge sheet had been filed and charges framed against him. The court granted interim protection and admitted the petitioner to court bail with specific conditions.
Finding of the Court:
The court found that since the charge sheet had already been filed, the interim protection granted earlier stands confirmed. The petitioner was admitted to court bail with specific conditions.
Issues: Bail application after charge sheet and framing of charges, confirmation of interim protection, conditions for court bail.
Ratio Decidendi: The court's decision was influenced by the fact that the charge sheet had been filed and charges framed against the petitioner, leading to the confirmation of the interim protection and admission to court bail with specific conditions.
Final Decision: The petition was disposed of, and the order was sent to the concerned Jail Superintendent for information and compliance.
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)--Learned counsel for the petitioner submits that vide a detailed order dated 28.06.2021 the interim protection was granted by this court. Learned counsel for the petitioner further submits that the charge-sheet in the present case has already been filed and even the charges have been framed upon the petitioner. It has been stated that there is no allegation against the petitioner that he has violated the interim protection granted to him by this court.
2. Since the charge sheet has already been filed, interim protection granted vide order dated 28.06.2021 stands confirmed.
3. The petitioner be admitted to court bail on his furnishing a personal bond in the sum of Rs.20,000/- with one surety of the like amount subject to the satisfaction of the learned trial court, subject to the following conditions:
a) the petitioner shall not leave the city;
b) the petitioner shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;
c) the petitioner shall provide his/her mobile number(s) to the Police Officer In Charge of the case and keep it operational at all times;
d) the petitioner shall drop a PIN on the Google map to ensure that his location is available to Police Officer In Charge of the case; and
e) the petitioner shall also appear physically or through VC the Police Officer In Charge of the case on each Monday.
f) in case of change of residential address and/or mobile number, the petitioner shall intimate the same to the Police Officer In Charge of the case/Court concerned by way of an affidavit.
4. With the above directions, the petition stands disposed of.
5. Copy of the order be sent to the concerned Jail Superintendent for information and compliance.
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 considered the stage of the trial, the petitioner's conduct, and the complainant's options for seeking protection in granting bail.
Grant of interim anticipatory bail and subsequent court bail with specific terms and conditions based on the applicant's cooperation in the investigation.
The court considered the likelihood of a lengthy trial and the filing of the charge sheet in granting anticipatory bail to the petitioner.
The court has the discretion to make interim bail absolute based on the filing of the response and supplementary charge-sheet.
Dishonour of cheque and absconding of the petitioner led to the dismissal of the petition for anticipatory bail.
The main legal point established is the grant of anticipatory bail under Section 438 Cr.P.C. in a case involving serious allegations, with specific conditions to ensure cooperation in the investigati....
Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.
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