Full Text
HIGH COURT OF DELHI
JUDGMENT
PHOOLWATI TOKAS ..... Petitioner
VIJAY TOKAS ..... Petitioner
CRL.M.As. 12852-12853/2017 YASH TOKAS ..... Petitioner
For the Petitioner : Mr. P.K. Sharma, Mr.Uday Prakash, Ms. Richa Diwan and Mr.Sujit Jha, Advocates.
For the Respondent: Ms. Neelam Sharma, APP for the
State (in item no. 4)
Mr.Panna Lal Sharma, APP for the State (in item
Nos. 5 and 6)
SI Ranbir Singh.
2018:DHC:5041
1. Petitioners seek anticipatory bail in FIR No.250/2017, under Sections 498-A/406/354/354A/313/377/509/34 IPC, Police Station Neb Sarai.
2. The subject FIR emanates out of a matrimonial discord. Parties were counselled by the Court. Subsequently settlement has been arrived at between the parties. Memorandum of Understanding/Settlement Deed dated 04.08.2018 has been executed.
3. Learned counsel for the petitioners informs that the parties in terms of the settlement have already moved the first motion petition, which has been filed in the Court of the Principal Judge, Family Courts, Patiala House Courts, New Delhi. Copy of the same has been produced. The same is taken on record.
4. Vide order dated 23.04.2018, the petitioner was given interim protection, subject to joining investigation.
5. Learned APP for the State informs that the petitioners did join investigation, as and when they were called by the Investigating Officer.
6. Keeping in view the totality of facts and circumstances, I am of the view that the petitioners have made out a case for grant of anticipatory bail. Accordingly, in the event of arrest, the Arresting Officer/IO/SHO shall release the petitioners on each of them furnishing personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the Arresting Officer/IO/SHO concerned. The petitioners shall not do anything, which may prejudice either the trial or the prosecution witnesses. The petitioners shall join investigation as and when required by the Investigating Officer.
7. The petition is, accordingly, disposed of in the above terms.
8. Order Dasti under the signatures of the Court Master.
AUGUST 10, 2018 SANJEEV SACHDEVA, J pallavi