Amarit Singh (Shri) vs State
1999 Latest Caselaw 358 Del

ORDER

S.N. Kapoor, J.

1. Heard the learned counsel for the parties. According to the prosecution case on 26.1.1998 a dead body of a man with a towel like cloth tied around his neck was recovered. The dead body was of a driver of a truck carrying tyres from Baroda Gujrat and was passing through Delhi. On some secret information crime branch recovered 89 tyres from the godown of the accused (though it is claimed that the godown was let out to one Gulshan) as it is apparent from the statement of Onkarnath Kaji and Mrs. Kanta. The truck was being driven by deceased Punjabi Lal. The accused was arrested and some more tyres - part of the stolen property were also recovered at his instance. He also made a disclosure statement indicating his involvement in conspiracy.

2. The learned counsel for the petitioner contends that the accused is in custody from 24.1.1998. The godown was let out to Gulshan. It is contended that at the most the accused could be connected with the recovery of two tyres which according to the prosecution was recovered from his house on 28.1.1998 . Consequently only offence under Section 412 I.P.C. can be attributed to the accused. One witness Devender Pal has been examined who has not supported the prosecution case. It is claimed that there is no other evidence. In the aforementioned circumstances, he submits that the petitioner should be released on bail.

3. The application is opposed by the learned counsel for the State Ms.Kohli on the ground that the accused is involved in the conspiracy of the commission of the offence of murder. The accused has tried to mislead the prosecution by alleging that the godown was let out to Gulshan. According to the disclosure statement made some more tyres are yet to be recovered and the co accused involved in the conspiracy has not been arrested so far. There are other witnesses of the same fact who are yet to be examined.

4. Prima facie it appears that the godown from which 89 tyres was recovered was in actual possession of the accused Amar Singh and was not let out. Since other co-accused are yet to be arrested, his release of the accused on bail would certainly hamper further investigation and the possibility of the accused tempering with the evidence also can not be ruled out at this stage. Taking into consideration overall facts and circumstances I feel that it would not be appropriate to release the accused on bail. However, seeing the progress of the trial at snails pace, Ld. Trial Court is requested to expedite the disposal of the case at the earliest of its convenience. With these observations, the petition is dismissed.