Extracted from the PDF above. The PDF is authoritative.
$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 3464/2024 ADITYA KRISHNA .....Petitioner Through: Mr. Ardhendu Mauli Kumar Prasad, Sr. Advocate with Ms. Tanya Agarwal, Ms. Anusha Rathore and Mr. Amritesh Raj, Advocates. versus DIRECTORATE OF ENFORCEMENT .....Respondent Through: Mr. Manish Jain, Special Counsel (ED) with Mr. Snehal Sharda and Mr. Sougata Ganguly, Advocates.
CORAM:
HON'BLE MR. JUSTICE CHANDRA DHARI SINGH O R D E R % 10.02.2025 CRL.M.A. 4039/2025 (For modification of para 7 of the order dated 3rd February, 2025) & CRL.M.A. 4040/2025 (direction to further extend the period of surrender)
1. The instant applications under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter as the “BNSS”) [earlier under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter as the “Code”)] has been filed on behalf of the applicant seeking modification of paragraph no. 7 of the order dated 3rd February, 2025 passed by this Court to the extent that the period of surrender be extended for a period of 60 days.
2. Mr. Ardhendu Mauli Kumar Prasad, learned senior counsel submitted 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 17/02/2025 at 17:21:55
that this Court vide order dated 3rd February, 2025 directed the applicant to surrender before the Court concerned as mentioned in paragraph no. 7 of the said order. However, without going into the merits of the case, the learned senior counsel prayed that the applicant may be granted some more time to surrender in the present case due to his persisting medical condition and modify paragraph no. 7 of the said order to that extent.
3. Mr. Manish Jain, learned counsel for the ED appearing on advance notice vehemently opposed the instant applications and submitted that applicant herein had already filed a Special Leave Petition bearing SLP (Criminal) No.1678/2025 before the Hon’ble Supreme Court challenging the order dated 28th January, 2025 passed by the this Court, which was dismissed as withdrawn.
4. It is further submitted that the instant applications are nothing but a gross misuse of process of law and there is no ground for further extension of time for surrender of the applicant which has already been extended vide
order dated 3rd February, 2025.
5. Heard learned counsel appearing on behalf of the parties and perused the contents made in the applications.
6. This Court vide order dated 28th January, 2025 directed the applicant to surrender before the Court concerned within a period of seven days from the date of the passing of the said order. The said direction was given in paragraph no. 87 of the order dated 28th January, 2025.
7. Against the said direction, the applicant filed an application before this Court seeking modification of paragraph no. 87 of the said order, thereby extending his period of surrender. Accordingly, vide order dated 3rd February, 2025, this Court has mentioned in paragraph no. 7 of the same, 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 17/02/2025 at 17:21:55
wherein the Court directed the applicant to surrender before the Court concerned on or before 10th February, 2025 before 4 P.M, thereby extending his period of surrender. The paragraph no. 7 of the said order is read as under –
“Accordingly, the applicant is directed to surrender before the Court Concerned on or before 10th February, 2025 by 4:00 PM and upon surrendering, the sureties/bail bond, if any shall stand discharged. It is made clear that if the applicant fails to surrender as directed, the investigating agency shall take appropriate steps to take the applicant in custody to secure his presence.”
8. In view of the fact that this Court had on earlier occasion i.e., on 3rd February, 2025 already granted the relief of extending the period of applicant’s surrender before the Court concerned, it is not inclined to extend the same any further. Therefore, this Court finds no cogent reasons to allow the instant applications.
9. Accordingly, the instant applications stand dismissed.
CHANDRA DHARI SINGH, J FEBRUARY 10, 2025 gs/mk Click here to check corrigendum, if any 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 17/02/2025 at 17:21:55