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TMI Blog2021 (12) TMI 1145X X X X Extracts X X X X X X X X Extracts X X X X ..... all join the investigation as and when directed by the Investigating Agency. 2. The accused shall not tamper with the evidence or influence the witness which will be examined by the department during investigation. 3. That accused shall not leave the country without the permission of the Court. 4. That accused shall not indulge in similar offence in future. 5. That accused shall appear before the Court on each and every date of hearing. The application stand disposed off. It was inter alia observed vide this order to the effect: "In the given facts, accused is a young man apparently having clean antecedents as no evidence has been brought forth by the department to show that he has previously been involved/engaged in similar offences. Further, the conduct of the accused seems to be reasonable during investigation as it has not come from the department, that he evaded arrest or remained defiant to the directions of the IO. The accused is in custody since 29.10.2020 and during this time the department has got ample opportunity to interrogate him. However, same was not done by the department which makes it clear that his custodial interrogation is no more required and it is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on account of his age, cooperative behaviour and his criminal antecedents but he was also granted bail considering the time of incarceration and the fact that department is in possession of all incriminating material and no fruitful purpose would be served by detaining the accused behind the bars. Evidently, in the case at hand, there is no material available on record to suggest that accused is attempting to interfere with the course of administration of justice or he is attempting to evade the proceedings. No plausible explanation has been cited for cancellation of bail of accused. The instant application seems to be more ornamental than having any legal substance in it. The instant application is bereft of any merits and is accordingly dismissed." Another application seeking cancellation of regular bail was again filed by the respondent submitting to the effect that the applicant/ petitioner herein had flouted the condition no.4 of the order dated 05.12.2020, which reads to the effect that the accused shall not indulge in similar offence in future. It is submitted in the said application that whilst taking forward its investigation, the applicant/ department has arrested two as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so by the Senior Standing Counsel to the effect that presently apart from the disclosure statements of the accused Vikas and Manish (both as submitted on behalf of either side have since been granted bail) there is no other material to incriminate the applicant / petitioner herein in relation to any further commission of offence beyond the date 05.12.2020, though presently, the investigation is still in progress In these circumstances, the observations in the impugned order dated 05.12.2020 to the effect that the applicant/ petitioner herein named as the respondent in the order dated 05.12.2020 had indulged in similar commission of offence after release on bail and the condition no.4 of the order dated 05.12.2020 had been defied with the impunity cannot be accepted. As regards the other submissions that have been made on behalf of the respondent to the present petition that the applicant/ petitioner had not been appearing before the learned CMM on each and every date of hearing in terms of condition no.5 of the order dated 05.12.2020 and the observations of the learned trial Court vide the impugned order dated 05.12.2020 spelt out to the effect that the conduct of the applicant h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ents on behalf of respondent on 28.10.2021", which makes it thus implicit that the proceedings dated 09.12.2021 directing the appearance of the applicant on 16.12.2021 relate to the accused i.e. the petitioner herein. The proceedings of the date 16.12.2021 indicate that there was no one present and the accused was directed to appear in person on 20.12.2021. The proceedings of the date 20.12.2021 are not on record. However, it is brought forth on behalf of the respondent by senior Standing Counsel that on the date 20.12.2021 in as much as there was a change of counsel on behalf of the applicant/ petitioner herein as prayed on behalf of the applicant/ petitioner, the matter had been renotified by the learned CMM to the date 21.12.2021 for the personal presence of the applicant. Placed on record is an application dated 21.12.2021 filed on behalf of the petitioner before the learned trial Court placed as Annexure P8 at page 107 of the present petition submitting to the effect that in as much as the applicant had Covid-19 symptoms since the last few days and therefore he got his RTPCR test done on 19.12.2021 and though the test result came out to be negative but the applicant was stil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 021 in view of his suffering from fever and that it was the reason that the petitioner could not appear in terms of order dated 16.12.2021 of the learned CMM directing the appearance of the petitioner on the date 20.12.2021. Taking into account the factum that in view of the observations hereinabove, it is held that presently it cannot be observed to the effect that the applicant/ petitioner had violated the condition no.4 of the order dated 05.12.2020 in as much as investigation in the matter qua any future commission of the offence after 05.12.2020 is still in progress as submitted on behalf of the respondent and presently there are only disclosure statements of two accused Manish and Vikas against the petitioner qua further alleged commission of offence after 05.12.2020, the condition no.4 of the order dated 05.12.2020 cannot be held to be violated presently. The absence of the accused on the date 20.12.2021 and 21.12.2021 in the circumstances put forth appears to have been explained. In view thereof though the order dated 22.12.2021 of the learned CMM, New Delhi, PHC setting aside the grant of bail granted vide order dated 05.12.2020 is set aside, it is essential to observe ..... X X X X Extracts X X X X X X X X Extracts X X X X
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