2018 (10) TMI 2026

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....RDER R.K. GAUBA, J. 1. On 17.01.2014, the wife of the second respondent was found dead inside the bed room of suite no. 345 at Hotel Leela Palace, New Delhi. The Station House Officer of police station Sarojini Nagar, New Delhi registered first information report (FIR) no. 64/2015 on 06.01.2015 and took up investigation into offences punishable under Sections 306 and 498A of Indian Penal Cod....

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....ted by the police or at the instance of the Metropolitan Magistrate on his appearance before the said court, he shall be released on bail subject to he furnishing bail bonds in terms which have been specified and subject to conditions that have been added including inhibition against leaving India without prior permission of the concerned court. 3. The petitioner, a practicing advocate, having ....

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....39;s Court as accused being taken in custody not being covered by such jurisdiction under Section 438 Cr.P.C. 4. The second respondent has entered appearance through counsel, on his own. Both he and the respondent State question the locus standi of the petitioner to bring the petition at hand, it also being argued that the exercise of the power to grant anticipatory bail by the court of session....

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.... & Anr. vs. State (CBI) 1997 SCC Online Delhi 19 had answered a reference on precisely the same question of law contrary to what is being canvassed by the petitioner. Pertinent to note that in that case also the petitioner had come up to this Court for grant of anticipatory bail in the wake of summons issued by court of Magistrate against him. The division bench, answering the reference made by a ....