Pawan Garg v. The State

Delhi High Court · 09 Jul 2019 · 2019:DHC:7313
Chander Shekhar
BAIL APPLN. 1462/2019
2019:DHC:7313
criminal appeal_allowed

AI Summary

The court granted anticipatory bail to petitioners based on an amicable settlement, subject to compliance with the settlement terms and cooperation with investigation.

Full Text
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PAWAN GARG
THE STATE
Through;
VERSUS
Through:
$~50&51
Petitioner
Mr.Deepak Kohli,Advocate
Respondent
Mr.Ashish Dutta, AFP with SI
Varun,EOW,Delhi
Mr. Sudhir Nagar, Mr. Mohit
Singh & Mr. Bhanu Sanoriya, Advocates for the complainant
WITH
+ BAIL APPLN. 1462/2019
DINESH GARG
Through:
Petitioner
Mr.Deepak Kohli,Advocate
VERSUS
THE STATE Respondent
Through: Mr.Ashish Dutta, APP with SI
Varun,EOW,Delhi
Mr. Sudhir Nagar, Mr. Mohit
Singh & Mr. Bhanu Sanoriya, Advocates for the complainant
CORAM:
HON'BLE MR.JUSTICE CHANDER SHEKHAR
% 09.07.2019
ORDER

1. These are applications filed on behalf of the petitioners under Section 438 ofthe Code ofCriminal Procedure, 1973 for the grant ofanticipatory bail. 2019:DHC:7313

2. Learned counsel for the petitioners submitted that the matters have been settled between the parties vide Settlement Deed dated 4.5.2019.

3. Learned counsel for the petitioners submitted that the petitioners undertake to remain bound by the terms and conditions ofthe Settlement Deed dated 4.5.2019, which is now exhibited as P-l. Leamed counsel for the petitioners further submitted that he has given this submission on instructions from the petitioners and the same may be accepted as undertakings on behalfofthe petitioners.

4. Leamed counsel for the complainant, in view of the Settlement Deed dated 4.5.2019(Ex.P-1),submitted that he has no objection in case the anticipatory bail is granted to the petitioners, subject to the condition that the petitioners shall comply with the terms and conditions of the Settlement Deed (Ex.P-1).

5. In view ofthe submissions ofthe leamed counsel for the parties, the undertaking given by the leamed counsel for the petitioners is accepted as undertakings on behalf of the petitioners, who shall remain bound by the same.

6. Accordingly, in view of the aforesaid circumstances, I deem it appropriate that, in the event of their arrest, the petitioners be released on bail, subject to their fumishing personal bonds in the sum ofRs.25,000/- each, with one surety ofthe like amount to the satisfaction ofthe lO/SHO and further 5' subjectto the condition that they shalljoin and cooperate in the investigation, as and when called by the lO/SHO in writing. It is directed that the petitioners shall remain bound by the terms and conditions ofthe Settlement Deed dated 4.5.2019. In case offailure to comply with anyterms and conditions or dishonour of any cheque, the complainant may move an application for passing appropriate orders,as perlaw.

7. The bail applications are disposed ofin the above terms.

CHANDER SHEKHAR,J JULY 09,2019 tp