Vinod Kumar Pandey v. State

1. The present petitions have been filed by the petitioners under Section 439 Cr.P.C. praying inter alia for grant of bail in case FIR No.328/2011 registered under Sections 308/323/341/354/506/34/452 IPG at PS Shalimar Bagh, Delhi. >1 2. Counsel for the petitioners states at the outset that the petitioners have arrived at an out of court settlement with the complainant pursuant whereto, they have filed a writ petition seeking quashing of the subject FIR, registered as WP(Crl.)No.4826/2013. Fie submits that the complainant has given his no objection by filing an BAIL APPLN. NOs.2206 & 2207/2013 Page No.l of 3 2013:DHC:6945 affidavit in support of the aforesaid writ petition and notice was issued on the said writ petition on 20.11.2013, returnable on 24.4.2014. He further states that the intention of the petitioners were bona fide as they had been regularly appearing before the learned ASJ except for one date when they could not appear for nnedical reasons, but without furnishing a medical certificate to explain their absence, thus resulting in their bail applications being dismissed.

3. A perusal of the order dated 22.10.2013 passed by the learned ASJ reveals that the court had observed that when the petitioners had chosen to absent themselves, the case was listed for framing, of charges, thus delaying the trial.

4. Notice. Learned APP for the State accepts notice and hands over a status report, with a copy to the other side. The same is taken on record.

5. As per the status report, the case is pending before the learned ASJ for trial and the next date fixed in that regard is 18.12.2013. It is however not disputed that an out of court settlement has been arrived between the petitioners and the complainant.

6. Having regard to the status report filed by the State and the submissions made by the counsel for the petitioners, subject to BAIL APPLN. NOs.2206 & 2207/2013 Page No.2 of 3 payment of costs of ?2,500/- by each of the petitioners before the trial court and subject to each of the petitioners filing an affidavit undertaking inter alia that they shall appear before the trial court as and when required and will not cause any delay in the trial, the present bail applications are allowed. Accordingly, it is directed that the petitioners shall be released on bail on their furnishing a personal bond in the sum of ?10,000/-each with one local surety each of the like amount, to the satisfaction of the trail court.

7. The petitions are disposed of along with the pending applications. Dasti. HIMA KOHLI, J NOVEMBER 26, 2013 sk/mk BAIL APPLN. NOs.2206 & 2207/2013 Page No.3 of 3