Delhi High Court - Orders
Satish Jain vs State on 25 July, 2022
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~29 to 32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 240/2020, CRL.M.A. 1916/2020 & 8746/2020
SATISH JAIN ..... Petitioner
Through: Mr.Rachit Batra and Mr.Sahil,
Advocates.
versus
STATE ..... Respondent
Through: Mr.Laksh Khanna, APP for State with
Inspector Anand Pratap, P.S. EOW.
Mr.Ajay Digpaul, CGSC with
Mr.Kamal Digpaul and Ms.Swati
Kwatra, Advocates for UOI.
+ BAIL APPLN. 416/2020, CRL.M.A. 9674/2020
PRAKASH JAIN ..... Petitioner
Through: Ms.Smriti Sinha, Mr.Divyakant
Lahoti, Mr.Vivek Kumar and
Ms.Shreyanshi Pathak, Advocates.
versus
STATE ..... Respondent
Through: Mr.Laksh Khanna, APP for State with
Inspector Anand Pratap, P.S. EOW.
Mr.Ajay Digpaul, CGSC with
Mr.Kamal Digpaul and Ms.Swati
Kwatra, Advocates for UOI.
+ BAIL APPLN. 451/2020, CRL.M.A. 7871/2020
BHAVESH JAIN ..... Petitioner
Through: Ms.Smriti Sinha, Mr.Divyakant
Lahoti, Mr.Vivek Kumar and
Ms.Shreyanshi Pathak, Advocates.
versus
STATE ..... Respondent
Through: Mr.Laksh Khanna, APP for State with
Inspector Anand Pratap, P.S. EOW.
Mr.Ajay Digpaul, CGSC with
Mr.Kamal Digpaul and Ms.Swati
Kwatra, Advocates for UOI.
Signature Not Verified
Digitally Signed
By:DINESH CHANDRA
Signing Date:26.07.2022
17:49:51
+ BAIL APPLN. 770/2020, CRL.M.A. 8298/2020
RAKESH JAIN ..... Petitioner
Through: Mr.Vikrant Singh Bais, Mr.Rajesh
Kandari and Mr.Neel Prakash Mishra,
Advocates.
versus
STATE ..... Respondent
Through: Mr.Laksh Khanna, APP for State with
Inspector Anand Pratap, P.S. EOW.
Mr.Ajay Digpaul, CGSC with
Mr.Kamal Digpaul and Ms.Swati
Kwatra, Advocates for UOI.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
ORDER
% 25.07.2022
1. Mr.Ajay Digpaul, learned counsel for the complainant, on instructions, submits that vide order dated 22.04.2020 passed by Hon'ble Mr. Justice Yogesh Khanna in BAIL APPLN.770/2020 titled as 'Rakesh Jain vs. State', the petitioner Rakesh Jain was admitted to interim bail subject to compliance of condition of deposit as observed below:
" The learned counsel for applicant on instructions, say the applicant has already deposited a sum of Rs.2,17,92,500/- on 26.12.2019 as refund of the amount obtained as subsidy from the Central Government and further if some more time is given, the applicant shall deposit the balance amount - as would be demanded by the Central Government, i.e. the amount due, including interest till date as per rules, within eight weeks from the date of the release of applicant.
On this undertaking and considering the fact that he has been in custody since 11.10.2019 and also since a part subsidy has already been refunded, the applicant - Rakesh Jain is admitted to interim bail for a period of eight weeks from the date of his release from Prison on his furnishing a personal bond in the sum of Rs.1.00 Lac with one surety of the like Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:26.07.2022 17:49:51 amount to the satisfaction of the Jail Superintendent/ Duty MM concerned."
Thereafter, vide order dated 27.04.2020 passed in BAIL APPLN.451/2020 titled as 'Bhavesh Jain vs. State', petitioner/Bhavesh Jain was also conferred the benefit of interim bail for a period of 8 weeks on the grounds of parity, in view of orders passed in BAIL APPLN.770/2020.
Petitioners Satish Jain and Rakesh Jain, in other two bail applications bearing No. BAIL APPLN.240/2020 and 416/2020 are also stated to be on interim protection vide order dated 28.01.2020 and 12.02.2020 respectively.
2. At this stage, learned counsel for the complainant submits that since the conditions imposed vide order dated 22.04.2020 in BAIL APPLN.770/2020 and vide order dated 27.04.2020 in BAIL APPLN.451/2020 have not been fulfilled by the petitioners therein, over a period of more than two years, the interim protection be withdrawn.
3. I am of the considered opinion that since detailed arguments were heard, prior to granting interim protection to the petitioners by the Co- ordinate Bench in BAIL APPLN.770/2020, it shall be appropriate that present bail applications be listed before Hon'ble Mr. Justice Yogesh Khanna on 02.08.2022, subject to the orders of Hon'ble the Chief Justice.
Interim orders to continue till the next date of hearing.
ANOOP KUMAR MENDIRATTA, J.
JULY 25, 2022/R Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:26.07.2022 17:49:51