CRL.M.C.--3159/2018. Case: RAJENDER Vs. THE STATE & ANR.. High Court of Delhi (India)
| Case Number | CRL.M.C.--3159/2018 |
| Citation | NA |
| Judgement Date | May 20, 2019 |
| Court | High Court of Delhi (India) |
$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 20.05.2019 + CRL.M.C. 3159/2018
RAJENDER ..... Petitioner versus
THE STATE & ANR ..... Respondents
Advocates who appeared in this case:
For the Petitioner : Mr. S.C. Buttan, Adv.
For the Respondent: Ms. Kusum Dhalla, Addl. PP for the State
Mr. Anupam S. Sharma, Advocate for Respondent
No. 2.
CORAM:-
HON’BLE MR JUSTICE SANJEEV SACHDEVA
JUDGMENT SANJEEV SACHDEVA, J. (ORAL)
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Petitioner impugns order dated 11.05.2018 whereby bail granted to respondent no. 2 and seeks cancellation of the bail granted to him.
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Respondent no. 2 was granted bail by order dated 11.05.2018. Respondent no. 2 had been in custody since 29.01.2018 in the subject FIR.
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The trial court noticed that there were several civil and criminal
BAIL APPLN.3159/2018 Page 1
cases and cross-cases between the parties. Impugned order was passed after taking into consideration all allegations, counter-allegations also the objections of the petitioner/complainant. Trial court noticed that the chargesheet had already been filed and the conclusion of trial would have taken some time.
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Respondent no. 2 was admitted to bail by the Trial Court, taking into account the totality of the facts and circumstances and fact that he was in custody for nearly four months.
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It is settled position of law that bail granted to an accused be cancelled, if the accused, after his release on bail, inter alia tries to tamper with the evidence or hampers the trial or investigation commits an act of violence.
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Bail once granted should not be cancelled unless a cogent case, based on a supervening event has been made out.1
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The contention of learned counsel for the petitioner that petitioner has been threatened by the respondent no. 2 and a complaint qua the same has already been given on...
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