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Delhi High Court - Orders

Central Bureau Of Investigtation vs Kapil Wadhawan & Anr on 6 December, 2022

Author: Amit Sharma

Bench: Amit Sharma

                          $~54
                          *      IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +      CRL.M.C. 6544/2022
                                 CENTRAL BUREAU OF INVESTIGTATION                 ..... Petitioner
                                                    Through:     Mr. Anupam S. Sharma (SPP-CBI)
                                                                 with Mr. Prakash Airan, Mr. Harpeet
                                                                 Kalsi, Mr. Abhishek Batra and Mr.
                                                                 Ram Avtar Yadav (Addl. SP-CBI)
                                                    versus

                                 KAPIL WADHAWAN & ANR.                            ..... Respondent
                                                    Through:     Mr. Mahesh Jethmalani with Mr.
                                                                 Mahesh Agarwal, Mr. Ankur Sehgal,
                                                                 Mr. Prathamvir Agarwal, Mr. Ashish
                                                                 Hira, Mr. Rohan Dakshini and Mr.
                                                                 Prakhar Parekh, Advocates for R-1
                                                                 and R-2.


                                 CORAM:
                                 HON'BLE MR. JUSTICE AMIT SHARMA
                                               ORDER

% 06.12.2022 CRL.M.A. 25504/2022 (exemption) Exemption allowed, subject to just exceptions. The application is disposed of accordingly.

CRL.M.C. 6544/2022

The present petition under Section 482 Cr.P.C read with Section 439(2) Cr.P.C. seeks quashing of order dated 03.12.2022 passed by Sh. Ashwani Kumar Sarpal, learned Special Judge, PC Act, Rouse Avenue District Courts, New Delhi, whereby the respondents no. 1 & 2 have been Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:14.12.2022 18:07:47 granted bail under Section 167(2) Cr.P.C.

Issue notice.

Learned counsel appearing on behalf of respondents no. 1 & 2 accepts notice and seeks time to file reply.

CRL.M.A. 25503/2022 (stay) The present application under Section 482 Cr.P.C., seeks stay of the release of the respondents on bail granted by learned Special Judge and stay of the operation of order dated 03.12.2022.

Issue notice.

Learned counsel appearing on behalf of respondents no. 1 & 2 accepts notice and seeks time to file an appropriate response through the main counsel.

Learned Special Public Prosecutor appearing on behalf of CBI states that operation of the order dated 03.12.2022 needs to be stayed as the respondents have already furnished bail bonds and learned Special Public Prosecutor kept the same for verification on 08.12.2022.

Submission on behalf of learned Special Public Prosecutor as well as learned counsel appearing on behalf of respondents no. 1 & 2, have been heard.

List the matter for further arguments on 07.12.2022 at 12:30 PM.

AMIT SHARMA, J DECEMBER 6, 2022/hb Signature Not Verified Digitally Signed By:ANITA BAITAL Signing Date:14.12.2022 18:07:47