Order 9

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: CC No. 259/2024
CBI Vs. Rajnesh Singh Bisht & ors.
CNR No. DLCT11-000262-2024
10.07.2024
Present: Sh. A.K. Tanwar, Ld. Sr. PP for CBI.
A-1 present on bail.
A-2 absent.
Matter is listed for PE, however, A-2 is not present.
Be awaited. Put up at 11.30 AM.
(PRASHANT KUMAR)
Special Judge (PC Act) (CBI)-07
Rouse Avenue Courts: New Delhi
At 11.30PM
Present: Sh. A.K. Tanwar, Ld. Sr. PP for CBI.
A-1 present on bail.
A-2 absent.
A-2 is not present. Be put up at 12.30 PM.
(PRASHANT KUMAR)
Special Judge (PC Act) (CBI)-07
Rouse Avenue Courts: New Delhi
At 12.45PM
Present: Sh. A.K. Tanwar, Ld. Sr. PP for CBI.
A-1 present on bail.
A-2 absent.
None is appearing for A-2 since morning depsite
several calls
LW20 Ankush Bhati, LW21 Sukhdev Raj, LW22
Surender Kumar LW26 Dushyant Kumar are present for their
examination and waiting since morning. Ld. Counsel for
accused is also not present today.
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Keeping in mind the circumstances, absence of A-2
is considered deliberate on his part. Bail Bond of A-2 stands
forefeited. NBW be issued against A-2 and notice under Section
446 Cr.P.C. to his surety for the next date of hearing.
Non-appearance of accused has resulted into
adjournment of case, therefore, matter is adjourned subject to
Rs.10, 000/- upon the accused. Matter is adjourned for date
alrady fixed, i.e. 11.07.2024.
(PRASHANT KUMAR)
Special Judge (PC Act) (CBI)-07
Rouse Avenue Courts: New Delhi
At 2.20 PM
Present: Sh. A.K. Tanwar, Ld. Sr. PP for CBI.
A-1 is absent.
A-2 is present on bail.
At this stage, an application seeking exemption on
behalf of A-2, cancellation of NBWs as well as waiver of cost is
filed.
Keeping in mind the nature of urgency the application
is taken up today. Arguments heard.
It is stated on behalf of Ld. Counsel for A-2 that A-2
is currently posted at J&K and is not available to come to Delhi.
The Ld. Counsel has further stated that due to the personal
difficulty as he was busy in some other court, he could not appear
within time. It is prayed that NBWs may be cancelled and
appearance of accused may be exempted for today as well as cost
may be waived.
The application is strongly opposed by the Ld.
Prosecution alleging that conduct of A-2 is not appropriate.
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Application for exemption has not been filed within time.
Witnesses have come from distant places and have to wait due to
such conduct on the part of A-2, therefore application should be
dismissed.
Submissions made on behalf of both the parties
considered Application has been filed today. A-2 is stated to be
posted at J&K near Amarnath cave. This fact has been mentioned
by his counsel on earlier application filed on behalf of A-2 as well.
Ld. Counsel has not been able to explain as to why application
seeking his exemption has not been moved at the earliest.
However, keeping in mind the circumstances and the fact that
witnesses who are from para military forces are present and as the
application has been moved today itself, therefore, one opportunity
is granted to A-2. NBWs of A-2 are cancelled with the warning to
be more caution in future and not to keep the court waiting without
making the submissions at the earliest. Cost imposed on A-2 is
reduced to Rs. 5,000/-. Ld. Counsel for A-2 prays for one
opportunity to pay the cost. Exemption application is also moved
for A-2. In the interest of justice, application seeking exemption
for A-2 is considered, however, it is directed that examination of
witnesses, who are present in the court shall be conducted subject
to payment of cost on or before the next date of hearing. If the cost
so imposed is not deposited by A-2, then the cross-examination of
the witnesses present today on behalf of A-2 shall not be considered
at all and the above mentioned directions pertaining to A-2 may be
reconsidered in the light of changed circumstances. Application
stands disposed of accordingly.
PW-9 Dushyant Kumar, PW 10 Ankush Bhati and PW
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11 Jai Singh are examined in chief, cross examined and discharged.
LW Prahlad Pawar is present. Since no time is left, he is
bound down for tomorrow, the date already fixed.
Be put up for PE on dated already fixed i.e.
11.07.2024.
(PRASHANT KUMAR)
Special Judge (PC Act) (CBI)-07
Rouse Avenue Courts: New Delhi
10.07.2024
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