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DINESH KUMAR SHARMA
Jai Prakash Singhal – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
CRL.M.A. 10177/2023 (exemption)
Exemption is allowed subject to all just exceptions.
CRL.M.C. 2704/2023
1. The present petition has been filed seeking following prayer:
"i. Pass necessary orders and directions thereby quashing of FIR No.208/2021, PS Special Cell/EOW U/s 170, 186, 353, 384, 386, 368, 419, 420, 506, 120B IPC &Section 66-D IT Act &3/4 MCOC Act qua the petitioner7 and all the proceedings arising out of the aforesaid FIR against the petitioner;
ii. Pass necessary orders and directions thereby cancelling the Look Out Circular issued against the petitioner to enable him to return back to India and to join investigation;
iii. Pass necessary orders and directions thereby quashing order dated 10.04.2023 passed by Sh. Shailender Malik, Ld. ASJ, New Delhi District, Patiala House in SC/308/2021 titled "State Vs Sukesh Chandra Shekhar & Ors." in case FIR NO. 208/2021, PS Special Cell/EOW;
iv. Pass necessary orders and directions thereby staying the proceedings arising out of FIR No. 208/2021 PS Special. Cell/EOW against the petitioner and grant protection from arrest during the pendency of the present petition;
v. Any other relief or order which t
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 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.
Continuation of anticipatory bail application is unnecessary once charges are filed without arrest; petitioner can seek regular bail.
The discretion for granting anticipatory bail should be exercised with care and circumspection, and the nature and gravity of the accusation, the antecedents of the applicant, and the possibility of ....
An accused may seek anticipatory bail following an unsuccessful petition to quash an FIR, and such bail applications must be adjudicated on merits, independent of any observations made by the High Co....
Anticipatory bail petitions are maintainable for offences with a penalty of up to seven years, and jurisdictional courts must adjudicate these applications rather than merely disposing them without c....
An order of anticipatory bail should not be “blanket” in sense that it should not enable accused to commit further offences and claim relief of indefinite protection from arrest.
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