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HIGH COURT OF DELHI
BailAppl. 201/2010, Gurvinder Singh Appellant
Through Mr. Anil Sharaia
BailAppl. 201/2010, Gurvinder Singh Appellant
Through Mr. Anil Sharaia
VERSUS
STATE Respondent
Through Mr. Jaideep Malik, APP BailAppl. 2451/2009.
BaldevRaj Grover Appellant
Through Mr. Sandeep Sethi, Sr. Advocate
Through Mr. Jaideep Malik, APP BailAppl. 2451/2009.
BaldevRaj Grover Appellant
Through Mr. Sandeep Sethi, Sr. Advocate
VERSUS
Through Mr. Jaideep Malik, APP Crl. W.P. 1570/2009
Baldev Raj Grover Appellant
Through Mr Sandeep Sethi, Sr. Advocate
Baldev Raj Grover Appellant
Through Mr Sandeep Sethi, Sr. Advocate
VERSUS
•
Through Mr. Sanjeev Bhandari, ASC
Through Mr. Sanjeev Bhandari, ASC
CORAM:
HON'BLE MR. JUSTICE V.K. JAIN
17.02.2010 The petitioner Baldev Raj Grover had handed over an audio recording to the Investigation Officer about 2-3 weeks
2010:DHC:6881 ago. The transcript filed by petitioner indicates that some money was paid by Satish Chabbra to two persons namely
Dubey and Gullu. Learned Addl. P.P. states that Investigating
Officer will also collect the record of calls made between mobile numbers given in the transcript one of which is stated to be the mobile of Satish Chabbra and others of Sh. Rajesh Grover son of petitioner Baldev Raj Grover. He further states that the
Investigation Officer will also verify the record of mobile phones
^ of the family members of the petitioner Gurvinder Singh @
Geriy and Baldev Raj Grover to ascertain whether any of those phones was used near the place of incident, at the time of offence is alleged to have been committed. The learned
Additional Public Prosecutor states that the Investigating
Officer who is present in the Court will record the statement of
Satish Chabbra who is stated to have talked to Rajesh Grover son of the petitioner Baldev Raj Grover. Learned counsel for petitioner Baldev Raj Grover on being asked as to what made the petitioner assume that he was being sought by the police in f this case, states that one Beat Constable namely Harinder had informed him that the petitioner had been named in this case.
The mobile number of Haminder is stated to be 9911338993.
He further states that Harinder had called two times on two different mobile nos. which are 9818701080 and 9999112117.
The Investigating Officer states that she will examine Harinder to fmd out whether he had called up on these numbers and if so m what connection and what was the conversation he had
/ when he made calls on these telephones.
The petitioner Baldev Raj Grover in the event of his arrest till next date of hearing, shall be released on furnishing of personal bond in the sum of Rs. 25 thousand with one surety of like amount to the satisfaction of the arresting officer subject to the conditions that he shall join investigation at 4.p.m. tomorrow i.e. 18.02.2010 and on such other dates for which investigation Officer directs him to join (ii) He shall not try to
^ contact or interact with the complainant or any of his family
V. members (iii) He shall not leave Delhi without permission of this Court and (iv) He shall deposit his passport, if any, with the Investigating Officer, forthwith.
As far as petitioner Gurvinder Singh is concerned, the learned counsel for the complaint as well as Investigating
Officer inform that he has been absconding and proceedings under Section 82 have been initiated against him after issuance of non-bailable warrant by the Court against him could not be executed. On being asked learned counsel for the f petitioner Gurvinder Singh states that he applied for anticipatory bail on 21.1.2010. The FIR was registered on
16.10.2009 and not only this petitioner was named in the FIR, the car of his wife was also seized on the same day. The
Investigating Officer who is present in the Court states that she made a number ofattempts to contact the petitioner Gurvinder
Singh but could not succeed as he was found absconding.
Considering the fact that the petitioner Gurvinder Singh neither surrendered before the Investigation Officer despite being named in the FIR nor did he apply for anticipatory bail for more than three months after registration of FIR, he is not entitled to discretionary relief of anticipatory bail. It shall be open to him to surrender before the concerned court and seek regular bail.
As and when the petitioner Gurvinder Singh surrenders and applies for bail, his application will be decided by the
^ concerned court by very next day.
\ Bail Application No. -2451/2010 stands disposed of. Dasti.
Bail Application No. 2451/2009 and Cr. W.P. 1570/2009 be listed for further hearing on 24.05.2010.
V.K. JAIN,J FEBRUARY 17, 2010
17.02.2010 The petitioner Baldev Raj Grover had handed over an audio recording to the Investigation Officer about 2-3 weeks
2010:DHC:6881 ago. The transcript filed by petitioner indicates that some money was paid by Satish Chabbra to two persons namely
Dubey and Gullu. Learned Addl. P.P. states that Investigating
Officer will also collect the record of calls made between mobile numbers given in the transcript one of which is stated to be the mobile of Satish Chabbra and others of Sh. Rajesh Grover son of petitioner Baldev Raj Grover. He further states that the
Investigation Officer will also verify the record of mobile phones
^ of the family members of the petitioner Gurvinder Singh @
Geriy and Baldev Raj Grover to ascertain whether any of those phones was used near the place of incident, at the time of offence is alleged to have been committed. The learned
Additional Public Prosecutor states that the Investigating
Officer who is present in the Court will record the statement of
Satish Chabbra who is stated to have talked to Rajesh Grover son of the petitioner Baldev Raj Grover. Learned counsel for petitioner Baldev Raj Grover on being asked as to what made the petitioner assume that he was being sought by the police in f this case, states that one Beat Constable namely Harinder had informed him that the petitioner had been named in this case.
The mobile number of Haminder is stated to be 9911338993.
He further states that Harinder had called two times on two different mobile nos. which are 9818701080 and 9999112117.
The Investigating Officer states that she will examine Harinder to fmd out whether he had called up on these numbers and if so m what connection and what was the conversation he had
/ when he made calls on these telephones.
The petitioner Baldev Raj Grover in the event of his arrest till next date of hearing, shall be released on furnishing of personal bond in the sum of Rs. 25 thousand with one surety of like amount to the satisfaction of the arresting officer subject to the conditions that he shall join investigation at 4.p.m. tomorrow i.e. 18.02.2010 and on such other dates for which investigation Officer directs him to join (ii) He shall not try to
^ contact or interact with the complainant or any of his family
V. members (iii) He shall not leave Delhi without permission of this Court and (iv) He shall deposit his passport, if any, with the Investigating Officer, forthwith.
As far as petitioner Gurvinder Singh is concerned, the learned counsel for the complaint as well as Investigating
Officer inform that he has been absconding and proceedings under Section 82 have been initiated against him after issuance of non-bailable warrant by the Court against him could not be executed. On being asked learned counsel for the f petitioner Gurvinder Singh states that he applied for anticipatory bail on 21.1.2010. The FIR was registered on
16.10.2009 and not only this petitioner was named in the FIR, the car of his wife was also seized on the same day. The
Investigating Officer who is present in the Court states that she made a number ofattempts to contact the petitioner Gurvinder
Singh but could not succeed as he was found absconding.
Considering the fact that the petitioner Gurvinder Singh neither surrendered before the Investigation Officer despite being named in the FIR nor did he apply for anticipatory bail for more than three months after registration of FIR, he is not entitled to discretionary relief of anticipatory bail. It shall be open to him to surrender before the concerned court and seek regular bail.
As and when the petitioner Gurvinder Singh surrenders and applies for bail, his application will be decided by the
^ concerned court by very next day.
\ Bail Application No. -2451/2010 stands disposed of. Dasti.
Bail Application No. 2451/2009 and Cr. W.P. 1570/2009 be listed for further hearing on 24.05.2010.
V.K. JAIN,J FEBRUARY 17, 2010
JUDGMENT