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Delhi High Court - Orders

State ( Nct Of Delhi) vs Umesh Batra on 23 January, 2019

Author: Mukta Gupta

Bench: Mukta Gupta

$~15
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
+    CRL.L.P. 262/2016

        STATE ( NCT OF DELHI)                                ..... Petitioner
                  Represented by:          Ms. Rajni Gupta, APP with SI Mohd.
                                           Faizan Ghani, PS Pandav Nagar
                           versus
        UMESH BATRA                                          ..... Respondent
                Represented by:            Mr. V. Chadda, proxy counsel for Mr.
                                           J.K. Chawla, Advocate
        CORAM:
        HON'BLE MS. JUSTICE MUKTA GUPTA
                           ORDER

% 23.01.2019 Crl.M.A. 7854/2016 For the reasons stated in the application, the delay of 120 days in filing the present petition is condoned.

The application is disposed of.

CRL.L.P. 262/2016

Today again, proxy counsel, on the second call, prays for an adjournment. Last time, this Court clarified that no further adjournment will be granted to the respondent. This Court has heard the learned counsel for the State and perused the record.

Having perused the testimony of PW-2, which is also corroborated by PW-3, an independent witness, who was also living as a tenant, and the fact that the respondent could not prove the plea of alibi, this Court deems it to be a fit case for grant of leave.

CRL.L.P. 262/2016 Page 1 of 2

The petition is disposed of accordingly.

CRL.A.               /2019 (to be numbered)

        Registry to number the appeal.
        Admit.
        List in due course.

Pending hearing of the appeal, respondent will furnish a personal bond in the sum of ₹25,000/- with one surety of the like amount, subject to the satisfaction of the Joint Registrar (Appellate) of this Court within four weeks, and in case of change of residential address of the respondent the same will be intimated to this Court by way of an affidavit.

MUKTA GUPTA, J.

JANUARY 23, 2019 'rd' CRL.L.P. 262/2016 Page 2 of 2