[email protected] & Ors. vs State Nct Of Delhi
2010 Latest Caselaw 5787 Del

                * IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of Reserve: 16th December, 2010
                                             Date of Order: 20th December, 2010
+BAIL APPLICATION NO 2038 OF 2009
%                                                                      20.12.2010

       RAJESH @ SUKHAI & ORS.                                         ..... Petitioner
       Through: Mr. R.A. Pandey, Advocate

                     versus


       STATE NCT OF DELHI                                           ..... Respondent
       Through: Mr. OP Saxena, APP for State



JUSTICE SHIV NARAYAN DHINGRA

1. Whether reporters of local papers may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether judgment should be reported in Digest?

JUDGMENT

1. This application for bail has been made by the applicant on the ground

that no material evidence has come against the applicant during trial. It

would be seen that 25 witnesses in this case had already been examined and

two witnesses only remained to be examined. These two witnesses could not

be examined since the trial court record was summoned in this court for 6th

April, 2010 and thereafter the trial court record was not sent back and no

request was made either by the applicant or by the state counsel for sending

back the trial court record to the trial court for the trial court to proceed.

2. I find that only a miniscule part of evidence remains to be recorded.

Any observation made by this court after analysis of the statement of

witnesses may prejudice the accused or the state in final judgment to be

passed by the trial court. It is appropriate that the trial court should be given

directions to complete the remaining evidence as early as possible and deliver

the judgment.

3. The bail application is dismissed. However, the trial court record be

sent back immediately and the trial court is directed to dispose of this case

expeditiously.

DECEMBER 20, 2010                                SHIV NARAYAN DHINGRA, J.
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