Virender Kumar vs State
1992 Latest Caselaw 32 Del

JUDGMENT

Dalveer Bhandari, J.

(1) It is submitted that the petitioner is in jail for over a year. The trial has not even started.

(2) It is further stated that the petitioner has been falsely implicated in this case because of personal vengeance against the police official who demanded/ a loan of Rs. 10,000.00 from the petitioner and his father. Petitioner's father gave him Rs. 25.000.00 on the assurance of the police official that he will return the same within one month. The loan was not returned by the said police official. When the petitioner asked him to return the loan, for a few months he went on putting it off on one pretext or the other and ultimately in December, 1990, be instead of returning the loan flatly refused to repay the same. He further threatened the petitioner and his father to implicate in some narcotic case. The petitioner's father apprehending implication in false case sent a complaint to the Commissioner of Police dated 21st December, 1990 narrating all these facts which have been filed as Annexure-A to the bail petition before this Court.

(3) Counsel appearing for the State on instructions states that the said complaint was received in February, 1991 and averments of the complaint are incorrect. On the earlier occasion. Counsel for the State was asked to produce the original register in which the facts of the receipt of the complaint has been mentioned but in spite of the opportunity, the learned Counsel failed to produce the original register or other record. I would not like to examine the veracity of detailed facts mentioned in the complaint at this stage. I would also not like the learned Addl. Sessions Judge to be influenced by any observation made in this order in any manner. On the peculiar facts and circumstances of this case in the interest of justice. I deem it just and proper to release the petitioner on his furnishing a bail bond in the sum of Rs. 20,000.00 with two sureties in the like amount to the satisfaction of the trial Court.

(4) The petitioner is granted bail on the peculiar facts and circumstances of the case and this order would not be available for using the same as precedent for other future cases. The learned Addl. Sessions Judge is directed to conclude the trial of this case as early as possible. The order be given dusty.