Pawan Kumar Anthony v. The State

Delhi High Court · 19 Feb 2019 · 2019:DHC:1144
Sanjeev Sachdeva
BAIL APPLN.1429/2017
2019:DHC:1144
criminal appeal_allowed

AI Summary

Anticipatory bail granted to petitioner under Sections 406/498-A/34 IPC subject to returning admitted dowry articles in presence of Investigating Officer.

Full Text
Translation output
BAIL APPLN.1429/2017
HIGH COURT OF DELHI
JUDGMENT
delivered on: 19.02.2019
BAIL APPLN. 1429/2017
PAWAN KUMAR ANTHONY ..... Petitioner
versus
THE STATE ..... Respondent Advocates who appeared in this case:
For the Petitioner : Mr. K. Mathur and Mr. S. Gupta, Advs.
For the Respondent : Mr. Hirein Sharma, Addl. PP for the State with ASI
Anand Pal Mr. K.K. Jha, Adv. for complainant
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
SANJEEV SACHDEVA, J. (ORAL)

1. Petitioner seeks anticipatory bail in FIR No.638/2015 under Sections 406/498-A/34 IPC, Police Station Sabzi Mandi, Delhi.

2. Petitioner was granted interim protection by order dated 26.07.2017.

3. Learned Addl. PP submits that the investigation is complete and the charge sheet has already been filed. He submits that none of the dowry articles could be recovered.

4. Learned counsel for the petitioner submits that the petitioner is willing to return all the admitted articles. Learned counsel for the 2019:DHC:1144 BAIL APPLN.1429/2017 complainant submits that the petitioner had admitted to a list of articles/home appliances which was filed on record. He further submits that the said items may be recovered. Petitioner who is present in Court in person has handed over a photocopy of the said list which is taken on record.

5. It is agreed between the parties that the articles mentioned in the list shall be returned by the petitioner to the complainant in the presence of the Investigating Officer on 23.02.2019 at 2.00 PM at Police Station Sabzi Mandi, Delhi.

6. Keeping in view of the facts and circumstances of the case, I am of the view that the petitioner has made out a case for grant of anticipatory bail.

7. Accordingly, it is directed that in the event of arrest, the arresting officer/IO/SHO shall release the petitioner on bail on his furnishing a bail bond in the sum of Rs. 15,000/- with one surety of the like amount to the satisfaction of the arresting officer/Investigating Officer/SHO concerned.

8. The petition is allowed in the above terms.

9. Order Dasti under signatures of the Court Master.

FEBRUARY 19, 2019 SANJEEV SACHDEVA, J ‘rs’