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BAIL APPLN. 1988/2021 & CRL.M.A.8998/2021
SUSHANT MUTTREJA
Through Petitioner Mr. Mohit Mathur, Senior Advocate with Mr.Vaibhav Manu Srivastava, Mr. Apoorv Agarwal, Ms. Shikha Khurana, Ms. Mahima Khandelwal, Advocates
Through
NISLIANT MUTTREJA
Through Respondent Ms. Richa Kapoor,ASC for the State with Ms. Shivani Sharma, Advocate along with SI Bharat,PS EOW
Mr. Kalyan Dutt, Advocate for the complainant
Petitioner Mr.Mohit Mathur,Senior Advocate with Mr.Vaibhav Manu Srivastava, Mr.Apoorv Agarwal,Ms.Shikha
Khurana,Ms.Mahima Khandelwal, Advocates
Through Ms. Richa Kapoor, ASC for the State with Ms. Shivani Sharma, Advocate along with SI Bharat,PS EOW
Mr. Kalyan Dutt, Advocate for the complainant
2022:DHC:5951
06.01.2022 HEARD THROUGH VIDEO CONFERENCING
ORDER
1. The petitioners seek bail in FIR No. 108/2017 dated 14.06.2017 registered at Police Station Economic Offences Wing for offences under Section 406,409,420,120B IPG.
2. It transpires that the petitioners are accused in other FlRs, namely, FIR No.35/2016, 36/2016, 46/2016 and 47/2016 registered at Economic Offences Wing amongst other FlRs.
3. Material on record discloses that the last of the bail applications which have been rejected by the learned Trial Court in the present FIR is dated 15.02.2020. Material on record also discloses that after the dismissal of the said application, the petitioner had approached this Court by filing BAIL APPLN. No.496/2020 and this Court by order dated 04.05.2020 granted interim bail to the petitioner.
4. Mr.Mohit Mathur,learned Senior Advocate states that the petitioners have surrendered in April, 2021. Material on record also discloses that the petitioners had been granted interim bail in FIR No. 35/2016, 36/2016, 46/2016 and 47/2016 by this Court on 04.11.2019 in BAIL APPLN. Nos.1133/2019, 1134/2019,1138/2019 and 1139/2019.
5. The petitioners surrendered in April, 2021. When the petitioners moved bail applications before this Court after surrendering,this Court vide order dated 02.06.2021 in BAIL APPLN No.1925/2021 had directed the petitioner to approach the Trial Court once again.
6. However,in the present bail applications,this Court has issued notice. BAIL APPLN.1988/2021 & ANR. Page2of[3] it In order to maintain uniformity/consistency in the orders ofthe High Court, it was suggested to Mr. Mohit Mathur, learned Senior Advocate that it would be appropriate for the petitioners to once again approach the Trial Court. The learned Senior Advocate in all fairness has accepted the suggestion.
7. It is made clear that this Court has not made any observation on the merits ofthe case. The Trial Court is requested to consider the case on its own merits uninfluenced by the fact that the present petitions have been withdrawn.
8. It is made clear that the withdrawal has been made only on the suggestion of this Court because propriety demands that the petitioners should first approach the competent courtfor grant ofbail.
9. The petitioners are at liberty to approach the competent court. Since the petitioners are in custody from 2018, save the period when they were granted interim bail. The Trial Court is requested to consider the applications filed by the petitioners and dispose ofthe same as expeditiously as possible.
10. The petitions are disposed of with the above observations along with the pending application(s),ifany. 'J SUBRAMONIUM PRASAD,J JANUARY 6,2022 hsk BAIL APPLN.1988/2021 & ANR. Page3of[3]