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Jonathan Kojo @ Ikenna Callistus vs State Nct Of Delhi on 13 April, 2023

$~70
*      IN THE HIGH COURT OF DELHI AT NEW DELHI
+      CRL.M.C. 2558/2023 & CRL.M.A. 9708/2023
       JONATHAN KOJO @ IKENNA CALLISTUS                    ..... Petitioner
                          Through:     Mr. Anoop Kr. Gupta and Ms. Gunjan
                                       Gupta, Advs.
                          versus

       STATE NCT OF DELHI                                  ..... Respondent
                          Through:     Mr. Ritesh Kumar Bahri, APP for the
                                       State with SI Vikrant, PS Crime
                                       Branch, ARSC.
       CORAM:
       HON'BLE MR. JUSTICE ANISH DAYAL
                          ORDER

% 13.04.2023 CRL.M.A. 9708/2023 Exemption allowed subject to just exceptions.

1. This petition has been filed seeking modification in the bail order dated 13th September, 2022 passed by the Ld. Trial Court directing the petitioner to be sent to detention centre on being released on bail, despite directions to furnish bail bond and surety. The said order was passed in an application filed under Section 437(6) Cr.P.C. granting bail to the petitioner, however, directing that the petitioner should be shifted after receit of release warrants to the detention centre, if the petitioner was not having any valid work permit/visa. The learned counsel for the petitioner has adverted to various decisions inter alia Re: Efrance Namatende v. State, Bail Appln. No.2214/2022, decided on 09.01.2023, Re; Frank Boadu v. State, NCT of Delhi, Bail Application No. 1897/2022, decided on 03.03.2023 and W.P.(CRL) 2146/2019-Bathlomew Lkechukwu @ Charles v. Union of India & Ors. - of this Court, Re; Bailly Gui Landry v. State of Telangana, Signature Not Verified Digitally Signed By:ANISH DAYAL Criminal Petition Nos.4396 & 4400 of 2021, dated 22.06.2021 of Telangana High Court and other decisions whereby it has been held inter alia that the Trial Court has no such power to direct the person to be sent to the detention centre.

2. Issue notice. Ld. APP accepts notice.

3. Ld. APP seeks time to examine these decisions and revert on the next date of hearing.

4. Short affidavit in response/status report may be filed by the State.

5. List on 17th May, 2023.

6. Order be uploaded on the website of this Court.

ANISH DAYAL, J APRIL 13, 2023/MK Signature Not Verified Digitally Signed By:ANISH DAYAL