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Judgment
S Sunil Dutt Yadav, J
Learned counsel for the petitioner has called in question the validity of the order whereby NBW was issued to accused No.3 who is the petitioner herein with a direction to the CBI to execute the warrant on or before the next date of hearing.
Learned counsel for the petitioner has filed a memo along with the medical records issued by Sir Ganga Ram Hospital.
After hearing the matter for sometime, in light of the memo filed by the learned counsel for the petitioner stating that the petitioner would be present before the trial Court on the date to be fixed which is one week from today, the Court is of the opinion that such an undertaking would be sufficient to ensure the petitioner's presence before the trial Court.
Accordingly, without entering into the correctness of the order on its merits, being prima facie satisfied with the bonafides demonstrated, it would secure the ends of justice in recalling the NBW while recording the undertaking that the petitioner would be present voluntarily before the trial Court on 04.08.2022. It is further submitted that the petitioner would co-operate with the proceedings before the trial Court to enable its disposal expeditiously, said statement is taken note of.
Petition is disposed off recording the undertaking of the petitioner while recalling the order of NBW issued to secure the presence of petitioner. It is made clear that in the event of any lapse in the undertaking, the order passed would stand recalled and the petition would stand restored.