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2025 DAILYLAW 28154 (DEL)

HARVINDER SINGH @ BALJEET SINGH @ BALLI v. THE STATE OF DELHI

CRL.M.C./7265/2024 · 2025-03-03

Vikas Mahajan

body2025

Judgment text

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$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 7265/2024 HARVINDER SINGH @ BALJEET SINGH @ BALLI.....Petitioner Through: Ms. Sushma Sharma, Mr. Girish Kumar Sharma, Mr. Dhruv Kumar Sharma, Ms. Aayushi Gaur, Ms. Stuti Aggarwal and Mr. R. Sahil, Advs. versus THE STATE OF DELHI .....Respondent Through: Mr. Aman Usman, APP for State. Mr. Amit Tiwari, CGSC with Mr. Himanshu Bidhuri, Ms. Ayushi Srivastava and Mr. Ayush Tanwar, Advs. for R-2/UOI. CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN O R D E R % 23.04.2025 CRL.M.A. 12197/2025 (exemption) 1. Allowed, subject to all just exceptions. 2. The application stands disposed of. CRL.M.A. 12196/2025 (by the petitioner under Section 528 BNSS, 2023 seeking modification of order dated 03.03.2025) 3. The present application has been filed on behalf of the petitioner seeking modification of the order dated 03.03.2025 passed in Crl.M.C.No.7265/2024, more particularly para 7(iii) of the said order, which reads as under: This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:57:11 “7(iii) Two unencumbered immovable properties in Delhi will be given as security by the relative(s) of the present petitioner, the value of each such property shall not be less than Rs.50,00,000/-.” 4. The learned counsel appearing on behalf of the petitioner submits that the LOC issued at the instance of the Investigating Agency has been suspended by this court vide order dated 03.03.2025 subject to the conditions mentioned therein. 5. She submits that one of the conditions which was imposed by this court in order to dispel the apprehension of the respondent that the petitioner may not return back to India, was that the petitioner shall furnish security in the form of two unencumbered immovable properties in Delhi, the value of which shall not be less than Rs.50,00,000/- each. 6. She submits that the petitioner has been able to arrange the following properties for being furnished as security: (i) Property No.XVI/2877, Shop No. 15, Gali No. 17 situated at Hardhian Singh Road, Naiwala, Beadon Pura, Karol Bagh, New Delhi-110005 owned by Mr. Manmohan Singh (1/2 undivided share) valued at approximately Rs.32,30,000/-. (ii) Property No.XVII/2885, Ground Floor Shop No.08, Gali No. 17 situated at Hardhian Singh Road, Beadon Pura, Karol Bagh, New Delhi -110005, owned by Mr. Manmohan Singh (brother-in-law of the applicant) valued at Rs.51,72,200/- 7. She submits that though the property, mentioned at sub-para (ii) of the foregoing paragraph, is valued at Rs.51,72,200/-, but the property at sub- para (i) above is valued only at Rs.32,30,000/-, therefore, the petitioner is ready to make up the deficiency in value of the property by further This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:57:11 furnishing an FDR of Rs.10,00,000/-. 8. The learned APP appearing on behalf of the State, as well as, the learned counsel appearing on behalf of the Union of India (UOI) submit that they have no objection in case order dated 03.03.2025 is modified, as prayed, subject to the value of the properties as stated being verified by the IO concerned. 9. In view of the above, para 7(iii) of the order dated 03.03.2025 is modified to read as under: “7(iii) The petitioner shall furnish as security the two unencumbered immovable properties viz., (i) Property No.XVI/2877, Shop No. 15, Gali No. 17 situated at Hardhian Singh Road, Naiwala, Beadon Pura, Karol Bagh, New Delhi- 110005; and (ii) Property No.XVII/2885, Ground Floor Shop No.08, Gali No. 17 situated at Hardhian Singh Road, Beadon Pura, Karol Bagh, New Delhi -110005, before learned Court, through their respective owner(s), subject to verification of value by the IO concerned. The petitioner shall further deposit in this Court an FDR of Rs.10,00,000/- in the name of Worthy Registrar General of this court besides the FDR of Rs.50,00,000/- as mentioned in para 10(v). The FDR so furnished by the petitioner shall be initially for a period of six months on an auto-renewal mode.” 10. Further, in light of the modification of para 7(iii) of the order dated 03.03.2025, the para 10(vii) is also modified to read as under: “10(vii) In addition, the relative(s) [one or two, as the case may be] of the petitioner shall stand as surety and will deposit the original title deeds of his/their two unencumbered immovable properties as mention in para 7(iii) above, in the learned Trial Court before the petitioner’s departure.” This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:57:11 11. The application stands disposed of in the above terms. 12. Copy of this order be given dasti under signatures of Court Master. VIKAS MAHAJAN, J APRIL 23, 2025 aj This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 30/04/2025 at 15:57:11