Single judge dismissal of petitions to quash an order granting anticipatory bail. The court held non-recovery of the weapon used in assault did not provide grounds for cancellation, noting facts can be ascertained at trial.
Petitions for cancellation of anticipatory bail dismissed; pleas for condonation of delay also disposed.
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$~54 & 55
CRL.M.A. 3312/2024 & 3313/2024 in CRL.M.C. 823/2024 CRL.M.A. 3318/2024 & 3319/2024 in CRL.M.C. 824/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.A. 3314/2024 in CRL.M.C. 823/2024 CRL.M.A. 3320/2024 in CRL.M.C. 824/2024
For the reasons stated in the applications, the delay of 05 days in refiling the petitions is condoned.
Applications stand disposed of.
This is a digitally signed order. 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 02/07/2025 at 08:27:59
CRL.M.C. 823/2024 & 824/2024
The impugned order granting anticipatory bail to the respondents cannot be cancelled merely on the ground that bat allegedly used in the incident is yet to be recovered, though efforts were made by the Investigating Officer for recovery. Even otherwise, irrespective of the said
This is a digitally signed order.
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 02/07/2025 at 08:27:59
recovery, the matter can be appropriately considered during the course of trial based upon the testimony of the witnesses as well as video recording of alleged incident.
In the facts and circumstances, no grounds for cancellation of anticipatory bail granted vide impugned order dated 22.11.2023 are made out.
Petitions are accordingly dismissed.
ANOOP KUMAR MENDIRATTA, J.
FEBRUARY 02, 2024/ R
This is a digitally signed order. 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 02/07/2025 at 08:27:59
2 issues framed by the court
Whether petitions for cancellation of anticipatory bail dated 22.11.2023 based on non-recovery of the assault weapon are maintainable.
Whether the order granting anticipatory bail should be quashed due to lack of recovery of the bat used in the incident.
1 provisions across 1 enactments
ABC
STATE OF GNCTD
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
