Sardar Rai @ Brajesh Kumar v. Govt. of NCT of Delhi

Delhi High Court · 01 May 2018 · 2018:DHC:2810
Sanjeev Sachdeva
BAIL APPLN. 427/2018
2018:DHC:2810
criminal appeal_dismissed

AI Summary

The Delhi High Court held that after chargesheet filing, the accused must seek regular bail from the trial court, and interim protection granted during anticipatory bail proceedings continues only until such application is decided.

Full Text
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BAIL APPLN. 427/2018
HIGH COURT OF DELHI
JUDGMENT
delivered on: 01.05.2018
BAIL APPLN. 427/2018
SARDAR RAI @ BRAJESH KUMAR ..... Petitioner
versus
GOVT. OF NCT OF DELHI ..... Respondent Advocates who appeared in this case:
For the Petitioner : Mr. S. Chakraborty and Mr. Prabhat Jeevan, Advs.
For the Respondent : Mr. Mukesh Kumar, Addl. PP for the State with Inspr. Ram Niwas
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT
01.05.2018 SANJEEV SACHDEVA, J. (ORAL)

1. The petitioner seeks anticipatory bail in case FIR No. 377 of 2017 under Sections 498A/304B/34 of the IPC Police Station Sarita Vihar, New Delhi.

2. The petitioner was granted interim protection on 21.02.2018 subject to his joining investigation. Learned Addl. PP submits that the petitioner did join the investigation in terms of the order of the Court. Chargesheet has been filed and the petitioner is named in column 11, 2018:DHC:2810 BAIL APPLN. 427/2018 however, in view of the interim protection he was not arrested.

3. Learned Addl. PP submits that since the chargesheet has been filed, in terms of the judgment of the Supreme Court, dated 27.03.2018, in Satpal Singh vs. The State of Punjab in SLP NO. 1428/2018, petitioner would be required to file an application seeking regular bail from the concerned trial court.

4. In view of the above, learned counsel for the petitioner submits that the petitioner shall be moving an application seeking regular bail tomorrow itself as the matter is listed before the concerned court tomorrow.

5. In view of the above, the petition is disposed of with liberty to the petitioner to approach the concerned court for moving application for grant of regular bail. It is directed that the interim protection granted to the petitioner by order dated 21.02.2018 shall continue till the disposal of the application of the petitioner for grant of regular bail, by the Trial Court in accordance with law.

6. The petition is disposed of in the above terms.

7. Order Dasti under signatures of the Court Master.

SANJEEV SACHDEVA, J MAY 01, 2018 ‘rs’