BAIL APPLN./1309/2024 of MAHESH KHATRI @BHOLI IN JC Vs STATE NCT OF DELHI
Parties
- MAHESH KHATRI @BHOLI IN JC (PETITIONER)
- STATE NCT OF DELHI (RESPONDENT)
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 1309/2024
MAHESH KHATRI @BHOLI IN JC ..... Applicant Through: Mr. Joginder Tuli, Ms. Joshini Tuli, Ms. Shruti Agarwal and Ms. Shatakshi Sharma, Advs. Through: Mr. Joginder Tuli, Ms. Joshini Tuli, Ms. Shruti Agarwal and Ms. Shatakshi Sharma, Advs.
versus
STATE NCT OF DELHI ..... Respondent Through: Mr. Mukesh Kumar, APP for the State with Mr. Vishwas Miglani, Adv. with SI Mahendra Patel, PS Narela.
CORAM: HON'BLE MR. JUSTICE AMIT MAHAJAN O R R29.04.2024
1.The present application is filed under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking grant of interim bail in FIR No. 96/2021 dated 16.03.2021, registered at Police Station Narela, for offences under Section 307 of the Indian Penal Code, 1860 (IPC) and Sections 25/27 of the Arms Act, 1959.
2.The application seeking regular bail was dismissed by this Court by order dated 04.04.2024. It was noted that the applicant appears to be habitual offender, which has led to registration of more than 50 FIRs against him for commission of serious offences. This Court also prima facie noted that such persons are threat to society.
BAIL APPLN. 1309/2024
3.The present application for interim bail is filed on the ground that the minor children of the applicant who are aged 3 years and 4 years respectively, have to seek admission in school for education.
4.Even though the applicant, in the opinion of this Court, is not entitled for any mercy due to his antecedents, however, considering that the future of the children ought not to be jeopardised for the past conduct of the applicant, the applicant ought to be given some relief in the form of release on interim bail albeit with suitable conditions.
5.In view of the above, the present application is allowed and the applicant is directed to be released on interim bail for period of ten days from the date of his release on furnishing personal bond for sum of ₹50,000/- with two sureties of the like amount to the satisfaction of the concerned Jail Superintendent on the following conditions:
a. The applicant shall visit the concerned Police Station every day during the period of his release on interim bail. day during the period of his release on interim bail.
b. The applicant shall under no circumstance leave NCT of Delhi, without permission of the learned Trial Court, during the period of his release on interim bail; Delhi, without permission of the learned Trial Court, during the period of his release on interim bail;
c. The applicant shall provide his mobile number to the concerned Investigating Officer, which shall be kept switched on at all times; concerned Investigating Officer, which shall be kept switched on at all times;
d. The applicant shall not try to contact or influence any of the witnesses; the witnesses;
e. The applicant shall not indulge in any criminal activity during the period of his release on interim bail. during the period of his release on interim bail.
6.The Jail Superintendent is directed to verify the bail bond expeditiously. expeditiously.
BAIL APPLN. 1309/2024
7.In the event the applicant is found to be violating any of the conditions as stated above, the State is at liberty to seek redressal by filing an application seeking cancellation of bail.
8.The present application is allowed in the aforementioned terms.
APRIL 29, 2024 / ‘KDK’
AMIT MAHAJAN, J