Sarvjeet Singh vs State Of H.P

Vivek Singh Thakur, J

This petition has been preferred under Section 438 Cr.P.C., by petitioner Sarvjeet Singh son of Shri Kuldeep Singh, for grant of anticipatory bail in

Complaint No. 2604 of 2019, titled as Ms. Arti Vs. Sarvjeet Singh filed by complainant Ms. Arti in the Court of learned Metropolitan Magistrate

(East), Room No. 16, Karkardooma Court, Shahdhara Delhi, apprehending his arrest for issuance of non-bailable warrants by learned Metropolitan

Magistrate (East), Delhi.

It is submitted on behalf of the petitioner that he is permanent resident of Kanwar Villa, 2nd Floor near Chitkara Park, Lower Kaithu, Shimla, Tehsil

and District Shimla, H.P. and having roots in the society and also having immovable property in the State of Himachal Pradesh and there is no

possibility of absconding or jumping over bail by him as he is seeking protection against his arrest for getting an opportunity to apply for bail before the

competent Court of jurisdiction on or before next date of hearing i.e. 22.12.2020, with further averments that during intervening period, the petitioner

shall approach competent Court for granting of bail to him in accordance with law.

Complaint referred supra, wherein non - bailable warrants are stated to have been issued against the petitioner, has been filed in a Court, which is

beyond the jurisdiction of this High Court, therefore, this Court is not having jurisdiction to entertain the petition filed under Section 438 Cr.P.C, for

anticipatory bail. Faced with the situation, learned counsel for the petitioner prays for grant of transit bail to the petitioner to enable him to approach

appropriate Court of law in Delhi.

Earlier in March, 2020, petitioner had approached this Court by filing a similar application which was disposed of on 17th March, 2020 by granting

him transitory interim protection till 28.03.2020 i.e. next date of hearing fixed in the matter at that time before competent Court or till the date of

passing of appropriate orders by the competent Court of jurisdiction on approaching by the petitioner, whichever is earlier.

Learned counsel for the petitioner submits that petition bearing, Cr.M.P(M) No. 493 titled as Sarvjeet Singh Vs. State of H.P. was disposed of by

this Court on 17th March, 2020, however, there was complete lock-down in the entire country w.e.f. 23rd March, 2020 and this the petitioner was not

able to approach the competent Court by 28th March, 2020 or even thereafter and further that even after lifting of lock-down, the condition at Delhi

had not been improved. Now, petitioner intends to approach the competent Court of jurisdiction to submit him to the said Court and, therefore, in

aforesaid facts and circumstances, fresh application has been filed.

Considering the entire facts and circumstances of the case, coupled with the fact that petitioner is permanent resident of Himachal Pradesh and

intends to appear and submit him before the Court of learned Metropolitan Magistrate (East), Delhi, the Court for appearance before which non-

bailable warrants have been issued against the petitioner, to seek regular bail, the present petition is disposed of with order that petitioner shall not be

arrested in connection with Complaint No. 2604 of 2019, titled as Ms. Arti Vs. Sarvjeet Singh, filed before the learned Metropolitan Magistrate (East),

Delhi till 22.12.2020, by which time the petitioner, if advised so, shall approach the competent Court for his enlargement on bail in connection with

complaint referred supra.

The transitory interim protection granted by this Court shall be available to the petitioner till 22.12.2020 or till the date of passing of appropriate

order by the competent Court of jurisdiction on approaching by the petitioner whichever is earlier and in case the petitioner fails to approach the

competent Court of jurisdiction on or before 22.12.2020, the interim protection granted by this Court by way of this order shall automatically stand

vacated and police shall be at liberty to arrest the petitioner in connection with the complaint referred supra, if so required.

Dasti Copy.