Angel Gupta v. State (Nct of Delhi) & Anr

TALWANT SINGH, J JULY 13, 2022/nk

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 13.07.2022 + CRL.M.C. 336/2022 & Crl.M.A. Nos.1446/2022, 8109/2022 ANGEL GUPTA ..... Petitioner Through: Mr. Joginder Tuli, Mr. Shrikant Sharma & Mr. Ishu Sharma, Advs. versus STATE (NCT OF DELHI) & ANR. ..... Respondents Through: Ms. Meenakshi Chauhan, APP for State. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. The present petition has been filed praying for stay and setting aside the order dated 18.01.2022 passed by the Ld. Additional Sessions Judge (ASJ) , Rohini Court, Delhi cancelling the interim bail of the petitioner granted in case FIR no. 430/2018 u/s 302/120B/34 IPC and 25/27 Arms Act registered at Police Station Bawana. 1.1 It has been submitted that the petitioner was granted interim bail under the guidelines of High Power Committee (HPC) due to prevailing Covid conditions vide order dated 11.06.2021 passed by the Court of learned ASJ, Rohini Courts, New Delhi. The said order was challenged by the complainant by filing Crl.M.C. 1755/2021, which was taken up by the High Court on 04.10.2021 and the complainant was asked to approach the concerned court. Accordingly, cancellation application was moved by complaint before learned ASJ, Rohini Courts, Delhi. 1.2 The learned ASJ, Rohini Courts, cancelled the interim bail of the petitioner on 18.01.2022 after about 7 months on the ground that the petitioner failed to submit her mobile number to the IO/SHO as the same was one of the conditions of the interim bail granted to the petitioner. The learned ASJ failed to appreciate that other conditions of the interim bail were followed and the mobile number used by the petitioner was provided to the IO on 02.12.2021. The mobile number was also provided to the Jail Superintendent on the date of the release of the present petitioner, who had been regularly appearing before the Trial Court after grant of interim bail and an exemption was sought on 02.12.2021 on medical grounds and she was directed by the Trial Court to submit medical certificate by the next date on 10.02.2022. 1.3 The petitioner approached this court by filing W.P.(Crl.) 128/2022 assailing the impugned order dated 18.01.2022 but the said petition was dismissed as withdrawn with liberty to initiate appropriate proceedings vide order dated 20.01.2022. Hence the present petition has been filed praying for setting aside of the order dated 18.01.2022. 2. Notice was issued on 27.01.2022 directing the State to file Status Report and specifically to ascertain and indicate as to whether the petitioner left the jurisdiction of the NCT Delhi without seeking prior permission of the Court. 2.1 The application for pre-ponement being Crl.M.A. 3323/2022 was dismissed by the learned predecessor of this Court on 22.02.2022. The petitioner had approached the Hon'ble Supreme Court against the initial order passed by this court on 27.01.2022, as the High Court had refused to grant stay of the order dated 18.01.2022. The Hon'be Supreme Court refused to interfere with the interlocutory order passed by this court but granted two weeks' time to petitioner to surrender. On 14.03.2022, it was submitted by learned counsel appearing for the petitioner that the petitioner had already surrendered before the Jail Superintendent. 3. Status report has been filed. Arguments have been heard and my considered view is as under:- 3.1 In this case FIR No. 430/2018 under Section 302/120B/34 IPC and Section 25/27 Arms Act was registered at PS Bawana on 29.10.2018; the petitioner was arrested on 01.11.2018; the charge-sheet under Section 302/120B/34 IPC and Sections 25/27 Arms Act was filed on 27.01.2019; the petitioner was granted interim bail by learned ASJ, Rohini Courts on 11.06.2021; the complainant Rajesh Kumar Malik challenged the grant of interim bail to the present petitioner before this Court by filing Crl.M.C. 1755/2021 which was disposed of on 04.10.2021; the petitioner appeared on two dates before the Trial Court t