SANJAY BHATIA Vs. STATE

JUDGEMENT

(1.) BY way of the present petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C. '), the petitioner challenges the impugned order dated 1.2.2014 passed by learned Metropolitan Magistrate (West), Tis Hazari Courts, Delhi whereby the application under Section 167(2) of Cr.P.C. filed by the petitioner was dismissed.

(2.) ON 23.10.2013, the complainant Prem Sagar Sachdeva lodged a complaint on the basis of which FIR No.385/2013 under Sections 406/420 & 120B IPC was registered at P.S. Kirti Nagar, Delhi. On 29.11.2013, the petitioner Sanjay Bhatia was arrested. The petitioner was produced before the concerned Metropolitan Magistrate, Delhi and he was remanded to judicial custody . The petitioner moved an application for bail before the learned Metropolitan Magistrate, Delhi which was dismissed. The petitioner moved an application for bail before learned District & Sessions Judge, Delhi which was dismissed as withdrawn on 18.12.2013. The petitioner filed another application for bail before the District & Sessions Judge (West) Delhi. Vide the order dated 15.1.2014, the petitioner was admitted to bail subject to deposit of FDR for a sum of Rs.1.34 crores within a period of two weeks and on furnishing bail bond in the sum of Rupees two lakhs with one surety in the like amount before CMM (West). The petitioner preferred Crl.M.C. No. 523/2014 before this Court which was disposed of vide order dated 31.1.2014.

(3.) COUNSEL for the petitioner submitted that the application for bail was filed on 31.1.2014 at about 1.00 p.m., the charge sheet was filed at a later time on the same day, and therefore, petitioner is entitled to be released on bail under Section 167(2) of the Cr.P.C.