Jaffar Sadiq Nayeem v. UOI & Ors

ORDER

06.09.20L1 Exemption allowed subject to just exception. W.P.(CRL) 122212011 & Crl.M.A. 10499/2011 (stay) I have heard the matter at length yesterday and today also. In the present case the Petitioner was granted bail by the Learned Additional Chief Judicial Magistrate, Barrackpore, Kolkata. The matter was taken up before the Hon'ble Division Bench. The Division Bench of the Kolkata High Court observed that once there was an order granting bail by the Additional Chief Judicial Magistrate, Barrackpore the conduct of the CBI in seeking fresh w.P.(cRL) 1222/2011 page I of2 Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing. f waffant of arrest was abuse of the authority. The Petitioner was further directed to appear before the Learned ACMM, Delhi on 5th August, 20Il without fail and was granted bail till that time. Learned counsel for the Petitioner states that the Petitioner could not appear before the Learned ACMM on the 5th August,20Il as he suffered from pain in the kidney due to renal stone on the 2nd August, 2011. He fugther states that in view of the decision of the Hon'ble Division Bench of the Kolkata High Court he may be granted protection and he would appear before the Learned ACMM and file a fresh application for grant of bail. Learned counsel for the Respondent states that since the matter is now listed on 7'h October, 2OII before the Learned ACMM, Delhi the Petitioner may move an application for bail and the Respondents will take no coercive action against the Petitioner till 7ft Octob er,20Il. In view of the statement of the leamed counsel for the Respondent no further orders are required to be passed in the present petition. The petition and application are disposed of. Order dasti. flr^lrrt.,e7-e " MUKTA GUPTA,J SEPTEMBER 06,20tl 'ga' w.P.(cRL) 1222/2011 page 2 of2

$-66 * + IN THE HIGH COI]RT w.P.(cRL) r222l2orr JAFFAR SADIQ NAYEEM Through OF DELHI AT NEW DELHI ..... Petitioner Mr. Sanjeev Sachdeva, Sr. Adv. with Ms. Smriti Sinha, Mr. Preet Pal Singh, Ms. Shikha Pandey, Mr. Abhimanyu Chopra, Advs. VETSUS UOI & ORS. ..... Respondent Mr. Himanshu Bajaj, CGSC/R-I with Mr. A.K. Vali, Mr. Karan Bindra, Advs. Mr. P.K. Sharma, SC for CBI/R-2. Through CORAM: HON'BLE MS. JUSTICE MTIKTA GUPTA o Crl.M.A. 10500/2011