Delhi High Court - Orders
Shadab Ahmed vs State Of Nct Of Delhi on 1 September, 2023
Author: Siddharth Mridul
Bench: Siddharth Mridul, Rajnish Bhatnagar
$~Special DB-Item-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.A. 600/2022
SHADAB AHMED ..... Appellant
Through: Mr. Shivam Sharma, Advocate.
versus
STATE OF NCT OF DELHI ..... Respondent
Through: Mr. Amit Prasad, SPP for the
State.
CORAM:
HON'BLE MR. JUSTICE SIDDHARTH MRIDUL
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
ORDER
% 01.09.2023 CRL.M. (BAIL) 1157/2023 (for interim bail) The present application under Section 439 of the Code of Criminal Procedure (Cr.P.C), 1973, has been instituted on behalf of Shadab Ahmed, the applicant/appellant herein, praying as follows:-
"In the light of above facts and circumstances, it is most humbly prayed before the hon'ble court to:
1. Grant interim bail to the petitioner on medical grounds for a period of not less than three months in FIR 59/2020 PS Crime branch, while his bail application under section 439 CrPCr/w 43D of the UAPA as Crl Appeal 600/2022 is pending before the hon'ble court; and/or
2. Call for entire medical record the petitioner from Jail No 13, Mandoli for proper adjudication of the present application;
and/or
3. Pass any other order or direction in the interest of justice."
CRL.A. 600/2022 Page 1 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 15:26:03 Issue notice.
Mr. Amit Prasad, learned Special Public Prosecutor appears on advance notice on behalf of the non-applicant/State and invites our attention to the Judgment of the Hon'ble Supreme Court of India in 'State of Andhra Pradesh vs. Mohd. Hussain' reported as (2014) 1 SCC 258 and in particular, paragraph 27.2 thereof, to urge that the present application seeking the relief of interim bail, is not maintainable, before the High Court.
For the sake of completeness, the paragraph 27.2 is reproduced in extenso herein below:-
"27.2 And, secondly as far as Prayer (b) of the petition for clarification is concerned, it is made clear that inasmuch as the applicant is being prosecuted for the offences under the MCOC Act, 1999, as well as the Unlawful Activities (Prevention) Act, 1967, such offences are triable only by the Special Court, and therefore application for bail in such matters will have to be made before the Special Court under the NIA Act, 2008, and shall not lie before the High Court either under Section 439 or under Section 482 of the Code. The application for bail filed by the applicant in the present case is not maintainable before the High Court."
In view of the foregoing, learned counsel appearing on behalf of Shadab Ahmed, the applicant/appellant, seeks leave to withdraw this application, with liberty to approach the Court of competent jurisdiction, in the first instance, in accordance with law and in view of the dictum of the Hon'ble Supreme Court of India in Mohd. Hussain (Supra).
Leave and liberty granted.
The application is dismissed as withdrawn and disposed of accordingly.
CRL.A. 600/2022 Page 2 of 3This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 15:26:03 CRL.A. 600/2022 At request of learned counsel appearing on behalf of the appellant, the hearing of the appeal is adjourned.
List on 15.09.2023.
A copy of this order be uploaded on the website of this Court.
SIDDHARTH MRIDUL, J RAJNISH BHATNAGAR, J SEPTEMBER 01, 2023/rs CRL.A. 600/2022 Page 3 of 3 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 16/09/2023 at 15:26:03