Manoj Kumar v. State

Delhi High Court · 10 Sep 2013 · 2013:DHC:8162
Sunil Gaur
BAIL APPLN. 1848/2012
2013:DHC:8162
criminal appeal_allowed

AI Summary

The Delhi High Court granted pre-arrest bail to the petitioner who cooperated with the investigation and awaited forensic reports, subject to bail conditions, despite prior unrelated convictions.

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HIGH COURT OF DELHI
(i) BAIL APPLN. 1848/2012 MANOJ KUMAR Petitioner
Through: Mr. R.M. Tufail& Mr. Vishal Raj Sehjipal, Advocates
VERSUS
STATE Respondent
Through: Mr. Mukesh Gupta, Additional Public Prosecutorfor respondent-
State with SI Rampal (ii) BAIL APPLN. 1853/2012
MANOJ KUMAR Petitioner
Through: Mr. R.M. Tufail & Mr. Vishal Raj Sehjipal, Advocates
VERSUS
STATE Respondent
Through: Mr. Mukesh Gupta, Additional Public Prosecutor for respondent-
State with SI Rampal
CORAM;
HON'BLE MR. JUSTICE SUNIL GAUR
10.09.2013 Petitioner seeks pre-an*est bail FIR No.457/2011 under Sections
420/461/468/471/473/34 of/PC registered atP.S. UttamNagar, Delhi (in
Bail Appln. No.1848/2012) and in FIR No.458/2011 under Sections
420/468/471/473/34 of IPG registered at P.S. Uttam Nagar, Delhi (in Bail
Bail Applns. No.1848 & 1853 of2012 Page 1 2013:DHC:8162
Appln. No.1853/2012) on the ground that petitioner is not named in the
FIR and he had bonafidely purchased the property in question from
Virender and had sold it to one Sanjeev Yadav. Learned counsel for petitioner submits that petitioner has already joined the investigation and has given his thumb impressions for comparison.
Learned Additional Public Prosecutor for respondent-State does not dispute that petitioner has already joined the investigation and has given his thumb impressions, which have been sent to FSL report for comparison, but the FSL report has yet not been received. Learned
Additional Public Prosecutor for respondent-State points out that petitioner has been already convicted for the offence of gambling and for the offence of causing hurt, etc. Learned counsel for petitioner submits that the aforesaid FIR is pending trial.
Pre-arrest bail has been declined to petitioner by learned Sessions
Judge as the chain of documents was to be verified and the specimen handwriting of petitioner had to be taken. Now, since the specimen handwriting and thumb impression of petitioner have been already taken and the FSL report is awaited, therefore, without commenting upon merits of this case, interim order of 21®' December, 2012 is made absolute. In the event of arrest, petitioner-Mawq/ Kumar be admitted to bail, subject to his furnishing bail bond in the sum of?25,000/- each with one local surety of the like amount to the satisfaction of the Investigating
Officer/Arresting Officer. Needless to say that if petitioner does not join the further investigation or misuses the concession of bail granted to him by this order, then the respondent-State would be at liberty to get this order revoked.
BailApplm. No.1848 &1853 of2012 Page2 Both these applications are accordingly disposed of.
Dasti.
SEPTEMBER 10,2013 s BailApplns. No.l848 & 1853of2012
(SUNIL GAUR)
Judge Page 3
JUDGMENT