Neutral Citation Number 2023:DHC:2659

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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CRL.M.C. 2704/2023, CRL.M.A. 10176/2023

JAI PRAKASH SINGHAL

..... Petitioner

Through:

Mr. Tanmay Mehta with Mr, Lalit

Valesha, Advs.

Versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Ms. Nandita Rao, ASC with Mr.

Akhand Pratap, SPP, MR. Amit

Peswani, Advs. for State with ACP

Virender Kadyan and Insp. Pradeep

Rai, Section-1, E.O.W.

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Date of Decision: 18^th April, 2023

CORAM:

HON'BLE MR. JUSTICE DINESH KUMAR SHARMA

J U D G M E N T

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:

Digitally Signed By:RAJ

BALA

Signing Date:20.04.2023

13:19:39

Signature Not Verified

Neutral Citation Number 2023:DHC:2659

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kindly be granted in favour of the applicant.”

2.However, Mr. Tanmay Mehta, learned counsel submits that he does

not want to press his prayers made in the present petition for the time

being subject to raising the said plea at an appropriate time. However,

learned counsel for the petitioner submits that vide order dated

10.04.2023, learned Special Judge was pleased to recall the

proceedings under Section 82 Cr. P.C. with the directions to the

accused to appear and join the investigation from 10.04.2023.

3.Learned counsel submits that immediately thereafter, he moved an

Digitally Signed By:RAJ

BALA

Signing Date:20.04.2023

13:19:39

Signature Not Verified

Neutral Citation Number 2023:DHC:2659

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application for anticipatory bail on 13.04.2023 which is now listed on

20.04.2023.

4.Learned counsel submits that if the learned Special Judge hears and

decides the application for anticipatory bail on 20.04.2023, he will

have no difficulty but in case, the application for anticipatory bail is

adjourned for one reason or the other, his client will become

remediless as in terms of the order dated 10.04.2023. He will have no

legal remedy.

5. Ms. Nandita Rao, learned ASC has opposed the prayer on the ground

that in fact in the garb of this prayer, petitioner is seeking anticipatory

bail/interim protection which is not being granted by the learned

Special Judge.

6.I consider that without going into all the merits of the case, let the

petitioner in terms of order dated 10.04.2023 of learned Special

Judge join the investigation as and when directed by the Special

Cell/EOW, However, if the learned Special Judge shall decide the

application on 20.04.2023, no orders are required to be passed. In

case, the application is not decided on 20.04.2023, the 10 days time

granted vide order dated 10.04.2023 shall stand further extended by

another 10 days.

7.This Court requests the learned Trial Court to decide the application

on 20.04.2023 or as expeditiously as possible.

8. The period of 10 days is extended for further 10 days. The petition

along with pending application stands disposed of with the liberty to

take appropriate legal proceedings in accordance with law.

9.It is made clear that this Court has not gone into the merits of the case

Digitally Signed By:RAJ

BALA

Signing Date:20.04.2023

13:19:39

Signature Not Verified

Neutral Citation Number 2023:DHC:2659

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and the parties may take their pleas at an appropriate stage.

10.Order dasti.

DINESH KUMAR SHARMA, J

APRIL 18, 2023

Digitally Signed By:RAJ

BALA

Signing Date:20.04.2023

13:19:39

Signature Not Verified