In a bail application regarding a property dispute, the court dismissed the petition and vacated interim protection because the petitioner failed to pay the full disputed amount, demonstrating a lack of bona fides.
Petition dismissed; interim protection vacated.
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$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1307/2018, CRL.M.A. 11476/2018 MANGAT SINGH ..... Petitioner Through: Mr. A.K. Singh, Adv. Versus THE STATE ..... Respondent Through: Mr. Rajat Katyal, APP for State with SI Arvind Kumar, PS-Jaitpur. Ms. Tejaswini Verma, Adv. for the complainant with complainant in person.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R % 12.12.2018
On the previous date i.e. 07.12.2018, the following order was passed:
The learned counsel for the petitioner submits that without prejudice to his rights and contentions, the petitioner is ready and willing to pay an amount of Rs. 2 lacs to the complainant, to be adjusted in due course.
List on 12.12.2018. Interim orders to continue.
At this stage, the learned counsel for the complainant submits that the petitioner is misleading the Court because Rs. 3.5 lacs have been due, in terms of the order of the Family Court.
No money has been paid by the petitioner. The approach of the petitioner towards settling the matter with the respondent does not inspire confidence and it lacks bona fides ; there are serious allegations against him.
In the circumstances, no case is made out to grant the relief sought in this petition. The interim protection is vacated and the petition is dismissed. NAJMI WAZIRI, J.
DECEMBER 12, 2018/acm
2 issues framed by the court
Whether a bail application can succeed where the petitioner lacks bona fides in a settlement payment.
Whether the petitioner is required to deposit the full amount ordered by the Family Court to secure interim relief.
Mangat Singh
The State
Najmi Waris
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
