In a bail matter arising from two FIRs, the single-judge court extended the petitioner's security cover pending evidence recording, subject to a notice period if the security warrant is reconsidered.
Security cover extended pending evidence; 30-day notice required for withdrawal.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
..... Petitioner
Through: Petitioner in person
versus
STATE GNCT OF DELHI & ORS.
..... Respondent Through: Mr. Rajesh Mahajan, ASC for State with Mr. Peeyush Bhatia, Adv. a/w SI Rajender Singh, PS Malviya Nagar
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
%
O R D E R 03.08.2016
I have heard the petitioner in person as well as Mr. Mahajan.
Since the prosecution evidence in case arising out of FIR No.49/2012 registered at PS Malviya Nagar and FIR No.254/2015 registered at PS Saket, on the complaint of the petitioner has still not been recorded, I consider it appropriate to extend the security cover provided to the petitioner till the conclusion of his evidence as well as the evidence of the other independent witnesses in the said case. This is subject to the condition that the petitioner himself does not delay the recording of evidence in the said cases.
Thereafter, in case the respondent intend to withdraw the petitioner’s security upon a fresh assessment of the threat perception qua the petitioner, they shall give him 30 days notice of their intention to do so, so that the petitioner can avail of his remedies as per law.
Petition stands disposed of in the aforesaid terms.
VIPIN SANGHI, J
AUGUST 03, 2016 sr
1 issue framed by the court
Whether the security cover provided to the petitioner should be extended pending recording of evidence.
SANJEEV KUMAR VASHIST
STATE
VIPIN SANGHI
As recorded by the court registry
A constitutional writ petition in a criminal context, most commonly habeas corpus or a challenge to an FIR or detention order.
Judgements on the same questions, provisions and authorities, from every court
