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Ranjeet vs The State (Nct Of Delhi) on 6 July, 2021

Author: Mukta Gupta

Bench: Mukta Gupta

$~4/2020
*     IN THE HIGH COURT OF DELHI AT NEW DELHI
+     BAIL APPLN. 3847/2020

      RANJEET                                              ..... Petitioner
                          Through:     None.

                          versus

      THE STATE (NCT OF DELHI)                    .... Respondent
                    Through: Mr. Ravi Nayak, APP for the State
                               with SI Sudhir, PS Mukherjee Nagar.
      CORAM:
      HON'BLE MS. JUSTICE MUKTA GUPTA
                    ORDER

% 06.07.2021 The hearing has been conducted through Video Conferencing.

1. This petition was filed by the petitioner Ranjeet seeking regular bail in case FIR No.389/2019 under Sections 392/397/411/120B/34 IPC and Sections 25/27 of the Arms Act, registered at PS Mukherjee Nagar.

2. The bail application came up before this Court on 4 th December, 2020 when it was re-notified for 11th January, 2021 as the Hon'ble Judge was on leave. In the meantime, the petitioner preferred Crl.M.(Bail) 8433/2020 seeking extension of interim bail.

3. Vide order dated 10th December, 2020, this Court noted that the petitioner was granted interim bail vide order dated 16 th October, 2020 and the petitioner was required to surrender on expiry of 45 days from the date of his release, however, the petitioner has failed and neglected to do so. Learned counsel for the petitioner stated that the petitioner has tested Covid- 19 positive. Though no document in this regard was filed, however, learned Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN.3847/2020 MUKTAPage 1 of 3 GUPTA Signing Date:06.07.2021 21:15:15 counsel for the petitioner shared a report dated 9th December, 2020 from Hindu Rao Hospital indicating the same. This Court directed copy of the same to be supplied to the learned APP for the State and in view of the document shared, the interim bail was extended for a further period of three weeks. Application was disposed of.

4. On 12th January, 2021 when the BAIL APPLN. 3847/2020 came up for hearing this Court noted that document, i.e., the report dated 9th December, 2020 from Hindu Rao Hospital which was shared by the learned counsel for the petitioner had not been filed. A status report was also filed by the State indicating that the document shared by the petitioner was not genuine and the corresponding entry related to some other person. Since the extended period of three weeks had already expired, the learned counsel for the petitioner fairly stated that the petitioner has not surrendered as yet, thus, the petitioner was directed to surrender to custody forthwith before the regular bail application was heard.

5. The petition was listed for 23rd February, 2021 when again it was informed that the petitioner had not surrendered and further report was called from the Superintendent Jail whether the petitioner had surrendered or not. A further report dated 17th April, 2021 was received from the Superintendent Central Jail No.4, Tihar indicating that the petitioner had not surrendered till that date. It is, thus, evident that the petitioner has misused the concession of interim bail granted to him and has not surrendered. Consequently, the present petition seeking regular bail is dismissed.

6. Issue Non-bailable warrants against the petitioner to be executed by the concerned SHO, returnable before this Court on 14th September, 2021.

GUPTA Signing Date:06.07.2021 21:15:15

7. In case the NBWs issued against the petitioner are not executed, report will be filed by the DCP concerned indicating the steps taken to execute the NBWs. Awaiting the report of execution of Non-bailable Warrants, list the matter on 14th September, 2021.

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

MUKTA GUPTA, J.

JULY 06, 2021 vk Signature Not Verified Digitally Signed By:JUSTICE BAIL APPLN.3847/2020 MUKTAPage 3 of 3 GUPTA Signing Date:06.07.2021 21:15:15