Single judge of Delhi High Court confirmed interim protection for petitioner in a bail application. Bail granted on personal bond with surety under conditions, despite complainant's non-appearance due to being out of station.
Petitioner released on bail on personal bond of Rs. 50,000 with one surety of like amount subject to four conditions.
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SUKHAMAN SINGH ..... Petitioner Through: Mr. Om Prakash Singh and Mr. G.P. Singh, Advs.
Versus
THE STATE OF NCT OF DELHI ..... Respondent Through: Mr. Tarang Srivastava, APP for State with SI Shrikrishna, P.S. Hari Nagar.
CORAM:
HON'BLE MR. JUSTICE NAJMI WAZIRI
O R D E R % 11.12.2018
Despite two previous orders, the complainant is not present in the Court.
Mr. Tarang Srivastava, the learned counsel for the State states that the police officers have requested twice over to the complainant to be present before the Court. On the first occasion, he stated that he was in Punjab and today he says that he is in Gurgaon.
The petitioner enjoys interim protection in terms of this Court’s order dated 02.05.2018. He has already joined investigation and undertakes to do so every time he is so required by the I.O. The injuries on the complainant are stated to be simple in nature.
In view of the above, the interim protection is confirmed. It is directed that in the event of arrest of the petitioner in the present case, he
shall be released on bail on his furnishing a personal bond in the sum of Rs.50,000/- with one surety of the like amount to the satisfaction of the I.O. concerned, subject to the following conditions:-
The petitioner shall not in any way contravene the provisions of section 438 Cr. P.C.
The petition stands disposed-off in the above terms.
NAJMI WAZIRI, J.
DECEMBER 11, 2018/acm
3 issues framed by the court
Whether the petitioner is entitled to interim protection from arrest and conditional bail despite the complainant's absence.
Whether the proposed bail conditions satisfy the requirements of section 438 Cr.P.C.
Whether the petitioner can be granted bail when the injuries on the complainant are simple in nature.
1 provisions across 1 enactments
SUKHAMAN SINGH
THE STATE OF NCT OF DELHI
NAJMI WAZIRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
