Dismissed

Shashim Das v. State of NCT of Delhi & Anr.

Delhi HC10 May 2024BAIL APPLN./1669/2024

Case brief

AI extract

What is this about?

Single Judge dismissed a bail application under Section 439 CrPC held that preparing defence evidence is not a valid ground for interim bail since counsel representation is mandatory, especially after prior dismissal and SLP rejection.

What did the court decide?

No relief; application dismissed on the ground that preparation of defence evidence is not a valid ground for interim bail when counsel is filed.

Shashim Das Vs State of NCT of Delhi & Anr. — Child Sexual Offences (POCSO) | Delhi HC (2024)

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$~60

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1669/2024 & CRL.M.A. 14511/2024 (Exemption)

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SHASHIM DAS ..... Petitioner

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Through: Mr. Akhilesh and Mr. Anil Kumar Jha, Advocates.

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versus

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STATE OF NCT OF DELHI & ANR. ..... Respondents Through: Mr. Hemant Mehla, APP for the State.

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SI Buglesh, CAW/SHD. SI Manish Tyagi, PS Govind Puri.

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CORAM:

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HON'BLE MR. JUSTICE AMIT SHARMA

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O R D E R % 10.05.2024

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The present application under Section 439 of the CrPC seeks interim bail for a period of 60 days in case FIR No. 340/2018, under Section 376 of the IPC and Section 6 of the POCSO Act, registered at P.S. Govindpuri.

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Learned counsel appearing on behalf of the applicant submits that the present application is preferred on behalf of the applicant seeking interim bail for preparing and leading his defence evidence before the learned Trial Court.

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The present applicant’s bail application bearing No. BAIL APPLN. 1396/2022 was dismissed by learned Single Judge of this Court vide order dated 11.10.2022. The said order was challenged by the applicant by way of SLP. The said SLP bearing No. 14383/2023 was dismissed by the Hon’ble Supreme Court vide order dated 19.01.2024.

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It is pointed out that the matter is now fixed for defence evidence

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 19:56:25

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before the learned Trial Court for 13.05.2024.

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The ground taken by the applicant for the purpose of the present application for interim bail is for preparing and leading his defence evidence.

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In the considered opinion of this Court, this cannot be a ground for grant of interim bail as the applicant is represented by a counsel who shall take necessary steps for preparing his defence evidence.

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The present application is accordingly dismissed and disposed of.

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Pending application(s), if any, also stand disposed of.

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AMIT SHARMA, J

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MAY 10, 2024 /sn

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Click here to check corrigendum, if any

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 14/05/2024 at 19:56:25

Shashim Das v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

Shashim Das v. State of NCT of Delhi & Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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