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M/S K. J. Arora & Associates Relt. P. Ltd. Vs. State (Govt. of Nct of Delhi & Ors.) [2008] INSC 941 (15 May 2008)

CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL Nos.904-905 OF 2008 [ARISING OUT OF SLP (CRIMINAL) Nos.1665-1666 OF 2008] M/S K.J.ARORA & ASSOCIATES RELT.P.LTD. Appellant VERSUS STATE (GOVT.OF NCT OF DELHI & ORS.) Respondent WITH CRIMINAL APPEAL Nos.906-907 OF 2008 [ARISING OUT OF SLP (CRIMINAL) Nos.1663-1664 OF 2008] AND CRIMINAL APPEAL Nos.908-909 OF 2008 [ARISING OUT OF SLP (CRIMINAL) Nos.1502-1503 OF 2008] ORDER 1. Permission to file SLPs is granted.

2. Leave granted.

3. After hearing learned counsel for the parties and going through the impugned order passed by High Court and relevant papers, we are not satisfied with the manner in which the High Court has dealt with the question involved and passed the impugned order granting anticipatory bail to the respondents, namely, Vijay Aggarwal and Amit Aggarwal. Therefore, without expressing any opinion on the merits of the case, the order of the High Court is set aside and the matter is remitted back to the High Court for hearing the matter afresh. The High Court is requested to take up the matter within four weeks from today. Meanwhile, the aforesaid Respondents shall not be arrested for four weeks from today in FIR Nos.558 and 559 of 2007, Police Station Kalkaji. Bank guarantee furnished by respondents shall remain intact till then.

4. The appeals stand disposed of accordingly.

.....................J.

(P.P. Naolekar) .....................J.

(V.S. Sirpurkar) New Delhi;

May 15, 2008.

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