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Bharat @ Mirchi vs State Of Nct Of Delhi on 7 July, 2022

Author: Anoop Kumar Mendiratta

Bench: Anoop Kumar Mendiratta

                          $~34
                          *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +    BAIL APPLN. 2622/2021
                               BHARAT @ MIRCHI                          ..... Petitioner
                                             Through: Mr. Rahul Thakur, Advocate.

                                                     versus

                                STATE OF NCT OF DELHI                               ..... Respondent
                                              Through:             Mr.Rajesh Mahajan, ASC for State
                                                                   with Mr.M.P. Singh, APP for State

                                CORAM:
                                HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
                                             ORDER

% 07.07.2022 An application has been preferred on behalf of the petitioner under Section 439 read with 482 Cr.PC for grant of bail in FIR No.139/2014 under Sections 392/34/174-A IPC registered at Police Station Hauz Qazi. However, during the course of proceedings, it was submitted by the learned counsel for the petitioner on 10.05.2022 that bail application has become infructuous since the bail order dated 08.12.2021 has been passed by Mr. Harun Pratap, learned MM, Tis Hazari Courts during pendency of petition before this court, though an earlier application for bail already stood rejected by the court of Sessions.

A report had been called from the learned MM considering the fact that the remedy could not have been pursued by the petitioner both before the learned trial court as well as this Court and since judicial discipline as well as propriety demands that any such application should have only been considered, after withdrawal of application pending before this Court or seeking liberty in this regard.

A report is stated to have been filed by the concerned MM on record on which reservations have been expressed by the counsels.

However, without reflecting on the merits of the said report submitted by the learned MM, it may be observed that a detailed order dated 04.07.2022 has been passed by this court in Bail Application No.2885/2022 titled Shiv Lingam Vs. The State & Anr., expressing the concerns regarding consideration of bail application by the subordinate courts during the pendency of the bail application before the higher courts in hierarchy and without giving due consideration to the grounds which weighed with the higher court in rejecting the earlier bail application or without change in substantial circumstances. A copy of the aforesaid order has already been directed to be circulated to all the Judicial Officers in Subordinate Courts in Delhi.

No further directions are called for, at this stage, since the petitioner already stands released on bail by the learned Trial Court. The present application for bail is accordingly disposed of as infructuous.

A copy of the order be also forwarded to Mr. Harun Pratap, learned MM for information.

ANOOP KUMAR MENDIRATTA, J.

JULY 7, 2022/A Signature Not Verified Digitally Signed By:DINESH CHANDRA Signing Date:11.07.2022 13:49:22