Petitioner sought leave under section 528 BNSS to withdraw his bail petition against the Directorate of Enforcement with liberty to file afresh before the trial court. The High Court allowed withdrawal without expressing any opinion on merits, leaving the trial court free to decide on change in circumstances.
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
versus DIRECTORATE OF ENFORCEMENT .....Respondent Through: Mr. Zoheb Hossain, Spl. Counsel with Mr. Manish Jain, Special Counsel, Mr. Vivek Gurnani, Standing Counsel, Mr. Kartik Sabharwal, Mr. Pranjal Tripathi and Mr. Kanishk Maurya, Advocates.
CORAM: HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI O R D E R
% 07.02.2025
CRL.M.A. 3863/2025
By way of the present application filed under section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023, the petitioner seeks leave to withdraw the present bail petition with liberty to file afresh before the learned trial court.
Mr. Zoheb Hossain, learned special counsel appearing for the respondent/Directorate of Enforcement submits, that the two prior regular bail applications of the petitioner have been dismissed by the learned trial court; and since there has been no change in the circumstances, the present withdrawal with liberty to file afresh should not be construed by the trial court as an indication by this court that the bail petition must be entertained.
Application is allowed and stands disposed-of.
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BAIL APPLN. 4810/2024
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 13/02/2025 at 12:40:49
BAIL APPLN. 4810/2024
In view of the above, the present bail petition is disposed-of as withdrawn, with liberty as prayed-for; without expressing any opinion on the merits of the matter.
It is made clear that the learned trial court would be at liberty to decide whether or not there is any change in the circumstances; and decide the bail petition on merits, in accordance with law.
Pending applications, if any, also stand disposed-of.
The date of 10.02.2025 given earlier stands cancelled.
ANUP JAIRAM BHAMBHANI, J
FEBRUARY 7, 2025 ds
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BAIL APPLN. 4810/2024
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 13/02/2025 at 12:40:49
1 issue framed by the court
Whether the petitioner may withdraw the bail petition with liberty to file afresh before the trial court.
1 provisions across 1 enactments
Lakshay Vij
Directorate of Enforcement
Anup Jairam Bhambhani
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
