PRADEEP Vs. STATE

JUDGEMENT

(1.) The petitioner had earlier filed Cr.M(M) bearing No-424/93 for grant of interim bail for a period of one month on the ground of mairiage of his daughter Ms. Ranjeeta in the case FIR No.312/92 P.S. Punjabi Bagh under Section 307/323/302/34 IPC. In this petition, it was stated that the petitioner had already been granted interim bail by Shri Kuldeep Singh, Addl. Sessions Judge, Delhi vide order dated 15th February, 1993 in another case pending against the petitioner pertaining to FIR No.l29/91P.S. Hari Nagar, under Sections 21/61/85 NDPS Act. A copy of the order dated 15th February, 1993 passed by the learned Addl. Sessions Judge was annexed with that petition.

(2.) In the other case i.e. FIR No.312/92, Shri M.L. Sawhney, learned Addl. Sessions <PG>575</PG> Judge, Delhi by his order dated 18th February, 1993 had rejected the application for bail and it was stated in this order that in view of the statement made by the 1.0. that the petitioner had committed another murder while he was on interim bail in the same case, it was not a fit case for grant of bail or interim bail. Aggrieved by this order the petitioner had filed the Cri.M(M) 424/93. This petition came up for hearing before me on 18th February, 1993 and after I declined the prayer of the petitioner for gran t of interim bail, the said prayer was withdrawn as stated hereinafter. However, I directed that the notice of the petition be given to the State for 29th March, 1993. In my order I had stated that in view of the allegations made by the 10 that the petitioner had committed another murder while he was on interim bail, I would like to issue a notice to the State. Since the marriage was fixed for 20th February, 1993 and the learned counsel for the petitioner who is the counsel for the petitioner in the present case also, had stated that the petition would become infructuous, I directed that the petitioner be taken in custody to attend the marriage of his daughter but at that stage learned counsel for the petitioner withdrew his prayer for grant of interim bail.

(3.) The present petition has been filed on 16th March, 1993 by the same petitioner, namely, Pradeep for grant of interim bail on the ground that the marriage of his daughter is fixed on 18th March, 1993. In this petition it has been stated that in the case registered against the petitioner vide FIR 312/92 P.S. Panjabi Bagh, U/S.307/323/302/34 IPS mentioned hereinabove, the petitioner has been granted interim bail by this Court on 12th March, 1993, but in the other case pertaining to FIR No. 129/91 under NDPS Act, P.S. HariNagar though the interim bail was granted by the learned Addl. Sessions Judge on 15th February, 1993 but the request for extension of the said interim bail was rejected by him vide his order dated 16th March, 1993. Aggrieved by the aforesaid order dated 16.3.1993, the petitioner has filed the present petition for grant of interim bail in FIR 129/91 under NDPS Act.