GURDEV SINGH DHNOAY Vs. STATE

JUDGEMENT

(1.) THIS is a petition for grant of bail by the petitioner who is in custody since 29.3.2011. The petitioner is purported to have been arrested vide DD No. 65B under Section 41.1(g) of the Cr.P.C. registered by P.S. IGI Airport, Delhi. The allegations against the petitioner are that he was arrested pursuant to a Red Corner Notice purported to have been issued by Interpol in November, 2010 for criminal proceedings pertaining to year 2003 in US Court.

(2.) IT is alleged that the petitioner had come to India to see his ailing mother and immediately on arrival, he was arrested. Pursuant to the arrest of the petitioner, he was produced before the Court of learned ACMM on 29.3.2011 at Dwarka, whereupon he was sent to judicial custody. On 5.4.2011, the petitioner moved a bail application before the Court of learned ACMM, which was rejected on 20.4.2011. Feeling aggrieved by the said rejection order, the petitioner filed a fresh bail application on 23.4.2011, before the learned ASJ, Dwarka Courts, which came up for hearing on the same date. He challenged the procedure which was sought to be adopted by the respondents in arresting the petitioner for extradition.

(3.) THE ASJ on account of this subsequent developments, dismissed the application of the petitioner as withdrawn, with the liberty to file appropriate application before the designated Court of learned ACMM, Patiala House Courts, who was conducting the extradition proceedings. On 21.5.2011, the petitioner again filed a fresh bail application before the designated Court of learned ACMM, however, the said application was dismissed on the ground that as the documents have been received by the Government of India from the Requesting State within 60 days of the arrest of the petitioner, therefore, the bail could not be granted.