Jainuddin Khan vs The State (Nct Of Delhi) And Anr on 13 February, 2023

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Delhi High Court - Orders

Jainuddin Khan vs The State (Nct Of Delhi) And Anr on 13 February, 2023

Bench: Anup Jairam Bhambhani

                          $~42
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 973/2023

                                 JAINUDDIN KHAN                                           ..... Petitioner
                                                    Through:     Mr. Sameer Chandra and Mr. Rajesh
                                                                 Koushik, Advocates.
                                                    versus

                                 THE STATE (NCT OF DELHI) AND ANR.                     ..... Respondents
                                                    Through:     Mr. Tarang Srivastava, APP for the
                                                                 State.

                                 CORAM:
                                 HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI
                                                    ORDER

% 13.02.2023 CRL.M.A. No. 3716/2023 (Exemption) Exemption allowed, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed-of.

CRL.M.C. 973/2023 & CRL.M.A. 3717/2023 By way of the present petition under section 482 read with section 439(1)(B) of the Code of Criminal Procedure, 1973 ('Cr.P.C.'), the petitioner who has been granted regular bail vide order dated 10.08.2018 by the learned trial court, seeks modification of the said order to the effect that the condition requiring the petitioner to deposit 25 per cent of the amount of the electricity bill, which amounts to about Rs. 11.44 lacs, be waived.

Signature Not Verified Digitally Signed By:NEERAJ Signing Date:17.02.2023 CRL.M.C. 973/2023 Page 1 of 2 12:43:43

2. Mr. Sameer Chandra, learned counsel appearing for the petitioner submits, that the condition imposed is extremely onerous and the petitioner is unable to deposit the said sum, and is therefore unable to avail bail.

3. Upon being queried, it transpires that respondent No. 2/BSES has moved an application before the learned trial court on 29.09.2018 seeking cancellation of the bail granted to the petitioner, and for issuing NBWs against him and notice to his surety.

4. Reply to the cancellation application is stated to have been filed. The application is listed before the learned trial court for consideration on 16.02.2023. In the reply filed, the petitioner has raised the issue of the same bail condition being onerous.

5. In view of the above, the present petition is disposed-of without issuing notice, granting liberty to the petitioner to raise the said issue before the learned Sessions Court, as may be permissible, in accordance with law.

6. Further liberty is granted to the petitioner to approach this court in the event his grievance survives.

7. The petition is disposed-of in the above terms.

8. Pending applications, if any, also stand disposed-of.

ANUP JAIRAM BHAMBHANI, J FEBRUARY 13, 2023/ak Signature Not Verified Digitally Signed By:NEERAJ Signing Date:17.02.2023 CRL.M.C. 973/2023 Page 2 of 2 12:43:43

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Delhi High Court - Orders