Interim Order 11

Order Details: COPY OF ORDER
Pdf Text: Bail Application No. 1891/2021 and 1892/2021
Rakesh Sehgal v. State & ors
FIR No. 103/2017
P.S Parliament Street
04.04.2022
Present: Sh. Irfan Ahmed, Ld. Addl. PP for State.
Sh. Sudharshan Ranjan, Ld. Counsel for applicant/
complainant.
Sh. S. K. Sharma, Ld. Counsel for nonapplicants/
accused persons.
Present are two separate applications moved on behalf
of applicant/ complainant seeking cancellation of anticipatory bail
granted to nonapplicants Ravinder Sehgal, Nikhil Sehgal and Karan
Sehgal vide order dated 01.05.2021.
Record reveals that the instant application for
cancellation of bail is pending consideration for past several dates. It
is pointed out by Ld. Counsel for applicant/complainant that
investigating agency has been consistently opposing the anticipatory
bail of the accused persons, namely, Ravinder Sehgal, Nikhil Sehgal
and Karan Sehgal on the ground that the custodial interrogation is
essential to ascertain the author of the alleged forgery. It is further
pointed out that on this very plea by the investigating agency, the
anticipatory bail applications of the above mentioned three accused
persons was dismissed by Ld. ASJ vide order dated 21.04.2018. It is
also pointed out that the Hon’ble Delhi High Court vide order dated
29.08.2018 dismissed the anticipatory bail of the above said accused
persons on the ground that the custodial interrogation seems
desirable to ascertain the author of the alleged forgery. It is pointed
out that the author of the alleged forgery is still unknown and yet
without making any sincere endeavour, the IO has oped to conclude
the investigations, apparently usurping the appellate jurisdiction upon
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the powers of not only the Ld. ASJ but even as of the Hon’ble Delhi
High Court and has opted to conclude the investigations.
Ld. Addl. PP is called upon to assist the court
whereupon he submits that the IO has neither bothered to brief him
nor he has opted to appear before the court and Ld. Addl. PP
expresses his inability to assist the court for effective resolution of the
instant applications.
Accordingly, the concerned ACP is directed to look into
the matter personally and ensure that the Ld. Addl. PP is
appropriately briefed so that the time of the court is not unnecessarily
wasted.
List the bail application for arguments on 12.04.2022.
Copy of the instant order be sent to concerned ACP for
necessary compliance.
(Dharmender Rana)
Roster Judge
ASJ02, NDD/PHC/New Delhi
04.04.2022
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