SANDEEP KOHLI Vs. STATE

JUDGEMENT

(1.) By this petition (Crl.M.3245/95) under Section 482/483 of the Code of Criminal Procedure (in short "Cr.P.C.") read with Article 227 of the Constitution of India, the petitioners/applicants inter alia prayed for quashing of orders dated 9th June, 1995 and 8th August, 1995 passed by the Metropolitan Magistrate, New Delhi.

(2.) This petition came up for hearing before my learned brother A K Srivastava, J., who listed this matter for appropriate orders before Hon'ble the Chief Justice to be listed before me as the Crimimal Miscellaneous (Main) No-820/95 filed under Section 438 of the Cr.P.C. was disposed of by me vide order dated 8th May, 1995, that is how this petition (Crl.M-3245/95) was listed before me.

(3.) Mr.R D Mehra, learned counsel appearing for the petitioners, has contended that after passing of the order dated 8th May, 1995 by this Court, orders passed by the Metropolitan Magistrate dated 9th June, 1995 and 8th August, 1995 could not have been passed. By impugned order dated 8th August, 1995, Metropolitan Magistrate came to the conclusion that there existed no bail order in view of the revocation of the bail order by the Division Bench of this Court dated 13th March, 1995 and no bail orders were opertaing in favour of the accused persons. Mr.Mehra has contended that this Court vide its order dated 8th May, 1995 has detailed the factual position, which inter alia incorporated that the petitioners filed a writ petition under Article 226 of the Constitution of India read with Section 482 of the Cr.P.C., which was listed as Criminal Writ No.288/94. On 19th April, 1994 the Division Bench of this Court stayed the arrest of the petitioners and thereafter on 13th March, 1995 interim order passed by the Division Bench was vacated. However, Division Bench on 17th Februrary, 1995, granted anticipatory bail to the petitioner and it was further ordered by the Division Bench that in the event of the their arrest, they shall be released on bail on furnishing personal bonds in the sum of Rs. 5,000 with one surety in the like amount to the satisfaction of the Arresting Officer and subject to condition that the petitioners join the investigation as and when called upon to do so. This order was recalled by the Division Bench on 13th March, 1995 and thereafter the petitioners withdrew the petition.