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TMI Blog2016 (11) TMI 1760X X X X Extracts X X X X X X X X Extracts X X X X ..... nd further in the High Court under Section 439 of Cr.P.C. In the considered opinion of this court is not inclined to comment upon the submissions and contentions raised on behalf of the petitioner at this stage, especially when the petitioner has remedy to take all pleas before the court of session - this court is not inclined to entertain the present bail application at this stage. However, the petitioner will be at a liberty to approach the Court of Session and to take all pleas, as taken in the present petition. The present petition is disposed of with direction to the petitioner to approach the Court of Session for seeking regular bail. - HON'BLE MS. JUSTICE P.S. TEJI For the Appellant : Ajayinder Sangwan, S.N. Sharma, Tarunesh Ku ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... plainant the present case was registered. 3. During investigation, accused Salman was arrested on 11.10.2016. After interrogation, he admitted his involvement in the offence alongwith his associates. Another accused Shahrukh was also arrested on 12.10.2016. The petitioner - Imran had applied for anticipatory bail, which was dismissed vide order dated 27.10.2016, passed by learned Additional Sessions Judge, Saket Court, New Delhi thereafter, he surrendered before the Court on 15.11.2016. Weapon of offence i.e., danda/stick were recovered from him. 4. Bail application preferred by Salman and Shahrukh has been dismissed vide order dated 16.11.2016 passed by learned Additional Sessions Judge-01, South East District, Saket courts, New Delhi. How ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the shop of the petitioner and also misbehaving and abusing the farmers. 7. It is argued on behalf of the petitioner that the ingredients of Section 383 and 384 of IPC are not made out because delivery of property is sine-qua non for the commission of offence under Section 383 and 384 of IPC. Moreover there is no allegation of inducement thereby delivery of the property, therefore the ingredients of offence under Section 384 of IPC is also not satisfied. However, at the most, the offence under Section 385 of IPC can be said to have been committed, which is a bailable offence. So far as ingredients of Section 308 are concerned, the same are also missing as the complainant was discharged from hospital within an hour after giving first aid an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... jurisdiction of High Court as well as the Court of Session. But it would always be advisable to approach the court of session first to avail this remedy and further in the High Court under Section 439 of Cr.P.C. Therefore, in the considered opinion of this court is not inclined to comment upon the submissions and contentions raised on behalf of the petitioner at this stage, especially when the petitioner has remedy to take all pleas before the court of session. 12. Accordingly, without commenting upon the merits of the case and the submissions made on behalf of the petitioner, this court is not inclined to entertain the present bail application at this stage. However, the petitioner will be at a liberty to approach the Court of Session and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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