Interim Order 2

Order Details: COPY OF ORDER
Pdf Text: Misc. M. No. 46/23
FIR no. 40/22
PS: Cyber South West District
State Vs. Ashish Kukreti
Under Section 419/420/34 IPC
28.04.2023.
The present application for modification of bail order
dated 28.03.2023 is received by way of assignment, vide order dated
25.04.2023, passed by Ld. District & Sessions Judge, New Delhi
District, PHC, New Delhi.
Present: Sh.Mukul Kumar, Ld. Addl. PP for the State.
Sh. Rishabh Choraria, Ld.counsel for the applicant/accused.
Complainant Ms. Sonal Bist is also present in person.
Arguments heard. Record perused.
It is submitted in the present application that the vide order
dated 29.03.2023, the applicant/accused Ashish Kukreti was granted
interim bail for a period of sixty days on furnishing bail bond and surety
bond in the sum of Rs.25,000/- with certain conditions with regard to
repayment of settled amount to the complainant by way of installments as
mentioned in the bail order dated 29.03.2023. That the applicant/accused
was directed to make the first installment of Rs.1,00,000/- to the
complainant within 15 days from the date of his and the matter was fixed
for 13.04.2023 for payment of first installment. It is submitted that the
applicant could not furnish surety till 13.04.2023, due to financial and
health condition of his mother. It is submitted that the applicant/accused
shall make the payment of first installment within 15 days of his release
and other payments thereafter in terms of agreed conditions. It is prayed
that the period of 13.04.2023 mentioned in the bail order as date of
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2.
Misc. M. No. 46/23: FIR no. 40/22
PS: Cyber South West District
State Vs. Ashish Kukreti
Under Section 419/420/34 IPC
payment of first installment may kindly be modified/removed. It is also
stated that due to typographical error date of order has been mentioned as
28.03.2023 instead of 29.03.2023 and the same is also requested to be
rectified.
Heard. Record perused.
The complainant Ms. Sonal Bist present in the court is having
no objection if the present application is allowed. Signatures of
complainant are taken on the previous order sheet as a token of no
objection.
The perusal of record reveals that vide order dated
29.03.2023, the bail application moved on behalf of applicant/accused was
allowed in view of settlement arrived between the parties and statement of
parties was recorded. The applicant/accused Aashish Kukreti was
allowed to be released on interim bail for a period of 60 days from the
date of his release, on furnishing bail bond and surety bond in the sum
of Rs.25,000/- with one surety in the like amount, to the satisfaction of
Ld. CMM/Ld.MM/Duty MM/Link MM and subject to the following
conditions:
(a) The applicant/accused shall pay a sum of Rs.1,00,000/-
by way of demand draft in the name of complainant/cash/NEFT
within 15 days from date of release from jail.
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3.
Misc. M. No. 46/23: FIR no. 40/22
PS: Cyber South West District
State Vs. Ashish Kukreti
Under Section 419/420/34 IPC
(b) The applicant/accused shall pay a sum of Rs.3,00,000/-
by way of demand draft in the name of complainant/cash/NEFT
within next 15 days.
(c) The applicant/accused shall pay a sum of Rs.7,85,000/-
by way of demand draft in the name of complainant/cash/NEFT
within 60 days from the date of his release.
(d) The applicant/accused shall not tamper with evidence
nor otherwise indulge in any act or omission that is unlawful or that
would prejudice the proceedings in the pending matter;
(e) The applicant/accused shall not leave the country
without prior permission of the court.
It was made clear that the interim bail has been granted
only on the basis of settlement. In case of non compliance of aforesaid
terms and conditions, the interim bail shall be cancelled.
Thereafter, matter was fixed for payment of first installment
on 13.04.2023. However, as argued by Ld.counsel for the
applicant/accused due to family conditions, bail bonds on behalf of
accused could not be furnished and the applicant/accused could not secure
his release.
In view of submissions, the present application moved on
behalf of applicant/accused Ashish Kukreti is allowed and the accused
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4.
Misc. M. No. 46/23: FIR no. 40/22
PS: Cyber South West District
State Vs. Ashish Kukreti
Under Section 419/420/34 IPC
is allowed to make payment of first installment within 15 days of his
release from the jail and other payments as per above schedule. The
perusal of bail order reveals that the instant bail order in bail
application no.575/23 was passed on 29.03.2023, however, due to
typographical error date of order has been mentioned as 28.03.2023.
Same is corrected and be read accordingly.
Application for modification of bail order dated 29.03.2023 is
disposed off accordingly.
Be put up for report of payment on 15.05.2023.
Copy of this order be given dasti to Ld. Counsel for
applicant/accused and in compliance of Sanjay Singh Vs. State (Govt. of
NCT of Delhi), Writ Petition Criminal no. 974/22, copy of this order be
also sent to the concerned Jail Superintendent to convey the order to the
inmate.
(Devender Kumar Jangala)
ASJ-05, New Delhi District
Patiala House Courts, New Delhi
28.04.2023
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