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' ..:~ ' HIGH COURT OF DELHI
BAIL APPLN. 1772/2013
SIKANDER ..... Petitioner STATE
BAIL APPLN. 1772/2013
SIKANDER ..... Petitioner STATE
CORAM:
Through : Mr.Rakesh Kr.Dudeja, Advocate.
VERSUS
..... Respondent
Through: Mr.M.N.Dudeja, APP.
Mr.R.P.S.Bhati, Advocate for the complainant along with complainant mperson.
HON'BLE MR. JUSTICE S.P.GARG /o
05.12.2013 The case is taken up today as the date already fixed i.e. 04.12.2013 was declared as holiday on account of 'General Elections to the Legislative
Assembly ofDelhi'.
Complainant is present with counsel.
During the course of arguments, petitioner's counsel volunteered to pay ~ 25,000/- to the complainant without prejudice and subjec~ to future adjustment (if any). This amount was not acceptable to the complainant being highly inadequate and insufficient. She stated that she is living separate with her two children since 2008 and the petitioner has not paid her a penny for her maintenance. He has also not returned her dowry articles. It
Through: Mr.M.N.Dudeja, APP.
Mr.R.P.S.Bhati, Advocate for the complainant along with complainant mperson.
HON'BLE MR. JUSTICE S.P.GARG /o
05.12.2013 The case is taken up today as the date already fixed i.e. 04.12.2013 was declared as holiday on account of 'General Elections to the Legislative
Assembly ofDelhi'.
Complainant is present with counsel.
During the course of arguments, petitioner's counsel volunteered to pay ~ 25,000/- to the complainant without prejudice and subjec~ to future adjustment (if any). This amount was not acceptable to the complainant being highly inadequate and insufficient. She stated that she is living separate with her two children since 2008 and the petitioner has not paid her a penny for her maintenance. He has also not returned her dowry articles. It
BAILAPPLN.1772/2013 page 1 of2
2013:DHC:7074 is informed that the Trial Court has awarded maintenance @ ~ 8,000/- per month to the complainant but the same is under challenge in a revision before the Sessions Court. The petitioner has not paid any maintenance to the complainant till date.
Considering the facts and circumstances of the case, the petitioner is admitted to anticipatory bail and in the event of his arrest, he be released on his furnishing personal bond in the sum of~ 50,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer with the condition that he shall, however, join the investigation as and when required and shall pay~ 75,000/- to the complainant without prejudice and subject to
\l future adjustment (if any) through Investigating Officer within fifteen days.
It is a conditional bail granted to the petitioner and in the event ofhis failure to make the payment within the stipulated time, the concession ofbail would be deemed to have been withdrawn.
The bail application stands disposed of.
DECEMBER 05, 2013 tr BAILAPPLN.l772/2013 0 ~---"
/. -..- -· &P.GARG,J. page 2 of2 2013:DHC:7074
2013:DHC:7074 is informed that the Trial Court has awarded maintenance @ ~ 8,000/- per month to the complainant but the same is under challenge in a revision before the Sessions Court. The petitioner has not paid any maintenance to the complainant till date.
Considering the facts and circumstances of the case, the petitioner is admitted to anticipatory bail and in the event of his arrest, he be released on his furnishing personal bond in the sum of~ 50,000/- with one surety in the like amount to the satisfaction of the SHO/Investigating officer with the condition that he shall, however, join the investigation as and when required and shall pay~ 75,000/- to the complainant without prejudice and subject to
\l future adjustment (if any) through Investigating Officer within fifteen days.
It is a conditional bail granted to the petitioner and in the event ofhis failure to make the payment within the stipulated time, the concession ofbail would be deemed to have been withdrawn.
The bail application stands disposed of.
DECEMBER 05, 2013 tr BAILAPPLN.l772/2013 0 ~---"
/. -..- -· &P.GARG,J. page 2 of2 2013:DHC:7074
JUDGMENT