Mahesh v. State (Govt of NCT of Delhi)

Delhi High Court · 09 Feb 2022 · 2022:DHC:489

Chandra Dhari Singh

Bail Appln. No.51/2022

2022:DHC:5886

criminal appeal_allowed

AI Summary

The Delhi High Court modified bail conditions to require personal bond and sureties to be approved by the Trial Court instead of the Investigating Officer in a regular bail application under Section 439 CrPC.

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Bail Appln. No.51/2022 HIGH COURT OF DELHI
BAIL APPLN. 51/2022
MAHESH ..... Petitioner
Through: Mr. Akshay Bhandari, Advocate

VERSUS

STATE (GOVTOF NCT OF DELHI ..... Respondent
Through: Ms. Kusum Dhalla, APP for State

CORAM:

HON'BLE MR. JUSTICE CHANDRA DHARI SINGH O R D E R
09.02.2022 (THROUGH VIDEO CONFERENCING)

JUDGMENT

1. The instant bail application is listed today on office note.

2. This Court vide judgment dated 8th February, 2022, while granting bail to the applicant, in para 25 has directed “that the applicant shall be released on bail upon his furnishing of a personal bond of Rs.50,000/- (Rupees Fifty Thousand only), with two sureties of like amount to the satisfaction of the Investigating Officer, subject to the following conditions: …..”

3. Since the present application has been filed under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail, therefore the personal bond with sureties should be subject to the satisfaction of the concerned Trial Court. Accordingly, para 25 of the judgment dated 8th February, 2022 is modified and shall be read as follows: 2022:DHC:5886

“25. It is accordingly directed that the Applicant shall

be released on bail upon his furnishing of a personal bond

of Rs. 50,000/- (Rupees Fifty Thousand only), with two

sureties of like amount to the satisfaction of the Trial

Court, subject to the following conditions:

a) he shall surrender his passport, if any, to the Court concerned and shall under no circumstances leave India without prior permission of the Court concerned;

b) he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case;

c) he shall provide his mobile number(s) to the concerned SHO/Investigating Officer and keep it operational at all times;

d) he shall drop a PIN on the Google map to ensure that his location is available to the SHO concerned/Investigating Officer;

e) he shall commit no offence whatsoever during the period he is on bail;

f) he shall appear before the Court concerned on every date; and

g) in case of change of residential address and/or mobile number, he shall intimate the same to the Investigating Officer/ Court concerned by way of an affidavit.”

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4. The aforesaid modification be appended with the main judgment on the website forthwith.

JUDGE FEBRUARY 09, 2022 dy

Mahesh v. State (Govt of NCT of Delhi)

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JUDGMENT

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