Delhi High Court - Orders
Sh Praveen Kumar vs Ajit Kumar on 25 March, 2022
Author: Talwant Singh
Bench: Talwant Singh
$~57
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.REV.P. 362/2021
SH PRAVEEN KUMAR ..... Petitioner
Through: Mr. Anuj Jain and Mr. Sonu
Pandey, Advs.
versus
AJIT KUMAR ..... Respondent
Through: Mr. Ankit Rana, Mr. Gagan
Bhatnagar and Mr. Nitish
Pande, Advs.
CORAM:
HON'BLE MR. JUSTICE TALWANT SINGH
ORDER
% 25.03.2022 CRL. M.A. 5500/2022 (exemption)
1. Allowed, subject to just exceptions.
CRL.M.(BAIL) 332/2022
1. This is the application Section 397 r/w Section 482 of Cr.P.C. for grant of bail to petitioner, Sh. Praveen Kumar and for restoration of order dated 30.11.2021, directing suspension of sentence of petitioner.
2. Issue notice. Mr. Ankit Rana, on behalf of the respondent, accepts notice.
3. The earlier application for suspension of sentence was taken up for hearing on 30.11.2021 and the following order was passed:
"1. The present application has been filed under Section 379 CRL.REV.P. 362/2021 page 1 of 6 Signature Not Verified Digitally Signed By:NEETI KUMARI SHARMA Signing Date:25.03.2022 19:44 Cr.P.C. onbehalf of the petitioner seeking suspension of sentence.
2. Learned counsel for the petitioner submits that the cheque in question was for the amount of Rs.22,00,000/- and out of which, an amount of Rs.7,35,000/- was deposited by the petitioner before the appellate Court,which has already been released to the respondent. He, on instructions, further submits that the petitioner undertakes to deposit a sum of Rs.2,00,000 before the Registrar General of this Court within a period of one week from today. The said undertaking given on behalf of the petitioner is taken on record and he is held bound by the same. The amount so deposited in the name of the Registrar General of this Court shall be kept in the form of an FDR initially for a period of six months and thereafter on auto renewal mode till further orders.
3. In view of the above, the petitioner's sentence is suspended during the pendency of the present petition, on his furnishing a personal bond in the sum of Rs.25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty M.M./Registrar (Appellate) and subject to the following further conditions:-
(i) The petitioner shall remain available on mobile number i.e., 9818802353.
(ii) The petitioner shall regularly appear before the Court as and when the petition is taken up for hearing.
(iii) In case of change of residential address or contact details, the petitioner shall promptly inform the same to the concerned Investigating Officer as well as to this Court.
4. With the above directions, the application is disposed of."
4. However, the said order was not complied with and on 07.03.2022, the following order was passed:
"1. The present application has been filed under Section 379 Cr.P.C. onbehalf of the petitioner seeking suspension of sentence.
2. Learned counsel for the petitioner submits that the CRL.REV.P. 362/2021 page 2 of 6 Signature Not Verified Digitally Signed By:NEETI KUMARI SHARMA Signing Date:25.03.2022 19:44 cheque in question was for the amount of Rs.22,00,000/- and out of which, an amount of Rs.7,35,000/- was deposited by the petitioner before the appellate Court, which has already been released to the respondent. He, on instructions,further submits that the petitioner undertakes to deposit a sum of Rs.2,00,000 before the Registrar General of this Court within a period of oneweek from today. The said undertaking given on behalf of the petitioner is taken on record and he is held bound by the same. The amount so deposited in the name of the Registrar General of this Court shall be kept in the form of an FDR initially for a period of six months and thereafter on auto renewal mode till further orders.
3. In view of the above, the petitioner's sentence is suspended during the pendency of the present petition, on his furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount to the satisfaction of the concerned Jail Superintendent/Duty M.M./Registrar (Appellate) and subject to the following further conditions:-
(i) The petitioner shall remain available on mobile number, i.e., 9818802353.
(ii) The petitioner shall regularly appear before the Court as and when the petition is taken up for hearing.
(iii) In case of change of residential address or contact details, the petitioner shall promptly inform the same to the concerned Investigating Officer as well as to this Court.
4. With the above directions, the application is disposed of."
2. The sentence of the petitioner/applicant was suspended and he was released on bail with compliance of the said order. However, the petitioner has not deposited Rs. 2 lacs as undertaken by him with the Registrar General of this Court. The time granted was CRL.REV.P. 362/2021 page 3 of 6 Signature Not Verified Digitally Signed By:NEETI KUMARI SHARMA Signing Date:25.03.2022 19:44 one week from the date of the order, i.e.,07.12.2021.
3. The petitioner shall surrender before the Jail Superintendent by 10.03.2022. The Jail Superintendent is directed to submit the report in this regard.
4. List the matter on 15.03.2022."
5. Thereafter, the matter was taken up on 15.03.2022 and the following order was passed:-
"1. A report has been received from the Jail Superintendent that the present petitioner has not surrendered despite the order passed by this Courton 10.03.2022.
2. Mr. Rishabh Kumar (licence no. D|3928|2015), who is present in the Court today on behalf of the petitioner, submits that the counsel who appeared on the last date of hearing, namely Mr. Aquib Ahmed did not apprise the petitioner of the order passed by this Court.
3. Apparently, on the face of it, it seems to be a case of professional misconduct.
4. Let notice be issued to Mr. Aquib Ahmed Advocate, chamber no. 184, Patiala House Courts, New Delhi-1 with a direction to appear before this Court. The notice be served through office of the Principal District and Sessions Judge, Patiala House Courts.
5. Let Mr. Aquib Ahmed appear before this Court on 04.04.2022.
6. The petitioner shall surrender before the Court of the concerned learned Metropolitan Magistrate today itself in case no. 4025/16 titled 'Ajit Chander v. Praveen Kumar' which was decided on 05.08.2019 and order of sentence was passed on 04.09.2019. Let a report in this regard be sent by the learned Metropolitan Magistrate to this Court within one week from today.
6. Today, it is submitted on behalf of the petitioner that the petitioner had surrendered before the concerned Metropolitan Magistrate on 15.03.2022 and at present he is in custody. The counsel for the petitioner CRL.REV.P. 362/2021 page 4 of 6 Signature Not Verified Digitally Signed By:NEETI KUMARI SHARMA Signing Date:25.03.2022 19:44 further submits that, in compliance to the order dated 30.11.2021, the demand draft bearing no.259312 for Rs.2,00,000/-, in favour of the Registrar General of Delhi High Court has been deposited in the Registry. The proof of deposit of the said demand draft has been handed over by the petitioner, today in Court.
7. Copy of the same be also supplied to the learned counsel appearing for respondent. In view of this, learned counsel for the petitioner prays that the order dated 30.11.2021, granting suspension of sentence may be restored. Since the petitioner has complied with order dated 30.11.2021 and has deposited a demand draft of Rs.2,00,000/- in the Registry, the said order dated 30.11.2021, regarding suspension of sentence is hereby restored. The petitioner be released on execution of Rs.25,000/- with one surety bond of the like amount to the satisfaction of the concerned Metropolitan Magistrate, subject to the following conditions:
"(i) The petitioner shall remain available on mobile number i.e., 9818802353.
(ii) The petitioner shall regularly appear before the Court as and when the petition is taken up for hearing.
(iii) In case of change of residential address or contact details, the petitioner shall promptly inform the same to the concerned Investigating Officer as well as to this Court."
8. The application is disposed of.
CRL.REV.P. 362/20211. Learned counsel for the respondent may file a short reply within four weeks and supply a copy of the same to the learned counsel for petitioner, who may, file rejoinder, if needed, at least week before the date fixed.
CRL.REV.P. 362/2021 page 5 of 6 Signature Not Verified Digitally Signed By:NEETI KUMARI SHARMA Signing Date:25.03.2022 19:44
2. LCR, electronically, be summoned. List this matter on 26.08.2022.
3. It has been noticed that all the confusion/non-compliance of the order dated 30.11.2021 arose only because of the earlier counsel, namely, Mr. Fahimuddin Ahmed Khan, Chamber No. 184, Patiala House, New Delhi. He is directed to appear before this Court on date already fixed, i.e. 04.04.2022. Notice be served through, Principal District and Sessions Judge, Patiala House Court.
4. Order be conveyed to the concerned court of Learned Metropolitan Magistrate, electronically, today itself and the copy be also sent to concerned Jail Superintendent for compliance and information.
TALWANT SINGH, J
MARCH 25, 2022/p
Click here to check corrigendum, if any
CRL.REV.P. 362/2021 page 6 of 6
Signature Not Verified
Digitally Signed By:NEETI
KUMARI SHARMA
Signing Date:25.03.2022 19:44