Order 8

Order Details: COPY OF ORDER
Pdf Text: State vs. Manu Prashant Wig
Bail Application No.948/2023
FIR No.28/2020
PS : EOW
17.08.2023
Present : Sh.Vikas, ld. Addl. PP for State assisted by Sh.M.K.
Saroja, ld. Counsel for complainants along with
complainants.
IO SI Chetan Mandaya.
Sh.K.K. Manan, ld. Sr. Advocate along with
Ms.Shivani Kant, Ms.Uditi Bali, Sh.Shikhar Tandon,
Sh.Snehasish Pyne and Sh.Rahul Gautam, ld.
Counsels for accused.
Trial court record received.
Matter is listed for consideration of bail application of the
accused. I have heard ld. Sr. Counsel for the accused as well as
ld. Addl. PP for State assisted by ld. Counsel for complainant at
length. This court would refrain from making much observation
on the merits of the matter, sufficient would be to state that the
State has agitated the bail application primarily on the conduct of
the accused of having defaulted the bail conditions repeatedly
and absconding the judicial process.
Ld. Sr. Counsel for the accused on the other hand submits
that accused has been in judicial custody since 24.02.2023 and
his trial is also not proceeding ahead as prosecution has
consciously invoked Section 409 IPC only to bring the case of
the accused/applicant out of the purview of the judgment of
Hon’ble Apex Court in case of Arnesh Kumar vs. State of
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Bihar (2014) 8 SCC 273 and Satender Kumar Antil vs. CBI
2022 LiveLaw (SC) 577.
At this stage upon the request of Senior Counsel for the
accused, this application is being kept pending. Sennior Counsel
for accused submits that he would agitate the point of charge
before ld. Trial court before deciding the present application.
Since matter is pending for trial before ld. CMM and charge
sheet has already been filed and listed for 09.10.2023 for
consideration on charge.
As requested, it is directed that accused/ applicant through
his counsel would move an application seeking pre-ponement of
matter, so that his case can be considered on the point of charge.
It is directed to ld. CMM to sympathetically consider the
application for preponement and to decide the question of charge
at the earliest keeping in view that accused is in judicial custody.
Accordingly put up this matter on 02.09.2023 for further
proceedings. TCR be sent back to trial court concerned.
( Shailender Malik )
ASJ/NDD/PHC/ND/17.08.2023
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