STATE Vs. NAVEEN CHANDER UPADHYAYA

JUDGEMENT

(1.) PRESENT petition has been filed by the State for cancellation of anticipatory bail granted to respondent/accused by learned Additional Sessions Judge-02 (for short 'ASJ'), Dwarka, New Delhi vide order dated 21st May, 2011 in FIR Nos. 160/2011, 166/2011, 167/2011 and 168/2011 registered with PS IGI Airport under Sections 419/420/468/471 IPC and Section 12 of Passports Act.

(2.) MR. Pawan Sharma, learned standing counsel for the State submits that without any change of circumstances learned ASJ has granted anticipatory bail to respondent-accused within sixteen days of his earlier order dated 4th May, 2011 refusing anticipatory bail. He further submits that as learned ASJ had himself vide his earlier order dated 4th May, 2011 transferred the investigation to Special Cell, Rohini, he did not have jurisdiction to decide the second anticipatory bail application.

(3.) HAVING heard the parties and having perused the two orders dated 4th May, 2011 and 21st May, 2011 passed by learned ASJ, this Court is of the view that there was no change of circumstances warranting grant of anticipatory bail to the respondent/accused on 21st May, 2011. This Court is also of the view that had the learned ASJ perused the proceedings before learned ACMM on the surrender application of the respondent/accused, it would have been apparent to him that in fact, respondent/accused had never surrendered before the Court.