Interim Order 4

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SPECIAL JUDGE (PC ACT) (ACB)02,
ROUSE AVENUE DISTRICT COURTS, NEW DELHI
Presided by: Jay Thareja, DHJS
CC No.15/2024
State v Harmenn Sabherwal & Ors.
FIR No.56/2022
PS EOW
23.04.2024
At 10:19 am.
Present : Sh. Girish Giri, Ld. PP for the State.
Sh. Sandeep Sharma, Ld. Advocate for the complainant, Sh. Sunil
Kaushik alongwith the said complainant.
Sh. Rohit Shukla, Ld. Advocate for the victim, Sh. Ram Verma.
Sh. Manuraj Pillai, Ld. Advocate for the victim, Sh. Vishal Jain.
Sh. Akshay Dahiya, Ld. Advocate for the accused, Harmenn
Sabherwal appearing through VC.
Accused, Harmenn Sabharwal is absent.
Sh. Devendra Gahtoi, Proxy Advocate for the accused, Harmenn
Sabherwal.
Sh. Gaurav Prakash, Ld. Advocate for the accused, Govind
Tulsiyan alongwith the said accused.
Sh. Manish Kumar, Ld. Advocates for the accused, Trilok Singh
alongwith the said accused.
Sh. Prashant Kumar, Ld. Advocate for the accused, Mritunjai Roy
appearing through VC.
Accused, Mritunjai Roy in person.
Sh. Deepak Kumar Gupta, Ld. Advocate for the accused, Vinod
Kumar Sharma alongwith the said accused.
Ms. Ritika Davis, Ld. Advocate for the accused, Pawan Kumar Rai
alongwith the said accused.
Sh. Subhash Baisoya, Ld. Advocate for the accused, Umesh Batra
alongwith the said accused.
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Accused, Deeprana Tiwari in person.
Sh. Sudhir Kumar, Ld. Advocate for the surety, Sh. Krishan.
Sh. Suraj, Ld. Advocate for the surety, Sh. Raj Kumar alongwith the
said surety.
Inspector Amit Pratap is present on behalf of the IO, ACP Virender
Kadiyan.
1. The surety, Sh. Raj Kumar has also not produced the accused,
Harmenn Sabherwal. Therefore, the surety bond furnished by him in accordance
with the bail order dated 04.09.2023 is also forfeited. Issue warrants of
attachment qua the salary of the surety, Sh. Raj Kumar, addressed to the
concerned DDO of MCD (re: Section 446(2) read with Section 421 of CrPC,
1973).
2. The warrants of attachment qua the properties of the accused,
Harmenn Sabherwal have been returned back served upon the Collector of
District Gautam Budh Nagar, Noida, U.P. However, none has appeared on behalf
of the said Collector, to give any information to this Court. Issue notice to the said
Collector to appear in person or through a representative, for explaining the
action taken on the warrants of attachment issued by this Court.
3. The warrants of attachment qua the salary of the surety, Sh.
Krishan have been returned back served upon the concerned DDO of MCD.
However, none has appeared on behalf of the said DDO, to give any information
to this Court. Issue notice to the said DDO to appear in person or through a
representative, for explaining the action taken on the warrants of attachment
issued by this Court.
4. The NBWs issued against the accused, Harmenn Sabherwal have
been returned back unserved with the report that he was not found at his Noida
address and his wife informed that he is in Chennai and with the report that since,
his mobile numbers are switched off w.e.f. 20.02.2024, he cannot be tracked
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down in Chennai.
5. The Ld. Advocate for the accused, Harmenn Sabherwal has
submitted that the said accused has booked a train from Chennai to Delhi,
scheduled to leave Chennai, on 05.05.2024 and reach Delhi, on 07.05.2024. The
Ld. Advocate for the accused, Harmenn Sabherwal is at liberty to file the train
ticket in this Court, after supplying a copy to Inspector Amit Pratap. Also, the Ld.
Advocate for the accused, Harmenn Sabherwal has submitted that upon
appearance in this Court, the said accused will explain why he has jumped bail
and avoided appearing in Court, after grant of interim bail.
6. At this stage, the Ld. Advocates for the complainants have
submitted that this Court should not rely upon the submissions of the Ld.
Advocate for the accused, Harmenn Sabherwal as there is no guarantee that the
said accused will appear in this Court on or after 07.05.2024. In view of the past
conduct of the accused, Harmenn Sabherwal and in view of the fact that an
accused, Harmenn Sabherwal cannot be permitted to dictate the pace of a
criminal case, the submission is accepted. Issue proclamation under Section 82
of CrPC, 1973 qua the accused, Harmenn Sabherwal, returnable on the next
date.
7. After the last date, the surety, Sh. Krishan has filed an application
under Section 440 of CrPC, 1973, seeking reduction of the penalty to be imposed
by this Court upon him, on account of his failure to produce the accused,
Harmenn Sabherwal. The copy of the application has been supplied to the State.
The application is kept pending for consideration on the next date.
8. List on 02.07.2024.
(JAY THAREJA)
Special Judge (PC Act)(ACB)02
Rouse Avenue District Courts, New Delhi
23.04.2024
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