Single judge bail order where counsel clarified grievance regarding evidentiary recording sequence. Court held trial court must record material and independent witness evidence before considering bail application.
Exemption allowed, subject to all just exceptions, regarding the sequence of recording evidence before bail consideration.
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$~42.
* IN THE HIGH COURT OF DELHI AT NEW DELHI
..... Petitioner
Through: Mr. Dharam Raj Ohlan, Advocate. versus
STATE OF NCT OF DELHI
..... Respondent Through: Mr. Akshai Malik, APP along with Inspector Uma Datt, PS – Mangol Puri, for the State.
CORAM: HON'BLE MR. JUSTICE VIPIN SANGHI
O R D E R % 07.02.2017
Crl. M.A. No. 2194/2017
Exemption allowed, subject to all just exceptions.
The application stands disposed of.
BAIL APPLN. 237/2017
Though the petitioner has preferred this bail application under Section 439 Cr.P.C. to seek regular bail, learned counsel for the petitioner, on instructions, states that the grievance of the petitioner is primarily that the Trial Court has directed recording of all the evidence of the formal witnesses before examining the relatives of the deceased and other independent
witnesses.
This grievance of the petitioner appears to be justified. The Trial Court should first record the evidence of the material and independent/ public witnesses so that the bail application of the petitioner could be considered. The Trial Court is, accordingly, directed to first record their evidence. After the evidence has been recorded, the petitioner may move an application for bail.
The petition stands disposed of in the aforesaid terms.
Dasti.
VIPIN SANGHI, J
FEBRUARY 07, 2017 B.S. Rohella
2 issues framed by the court
Whether the trial court can direct recording of evidence of formal witnesses before independent witnesses when considering a bail plea.
Whether the Trial Court should first record the evidence of material and independent/public witnesses before considering the bail application of the petitioner.
1 provisions across 1 enactments
SURESH KUMAR
STATE OF NCT OF DELHI
VIPIN SANGHI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
