[email protected] vs State Of Nct Of Delhi
2015 Latest Caselaw 318 Del

*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Date of Decision: January 13, 2015

+     BAIL APPLN. 2516/2014
      MANJEET @ AMERICAN                                   ..... Petitioner
                  Through:               Mr. Shashi Shanker & Mr. Suresh
                                         Kr. Singh, Advocates

                           versus

      STATE OF NCT OF DELHI                                 ..... Respondent
                    Through:             Mr. Navin Sharma, Additional
                                         Public Prosecutor for State


      CORAM:
      HON'BLE MR. JUSTICE SUNIL GAUR

                          JUDGMENT

% (ORAL)

This is an application filed by petitioner under Section 439 of Code of Criminal Procedure for grant of bail in case FIR No.20/2014 under Sections 302/468/471/120-B IPC and Section 25 of Arms Act registered at Police Station Special Cell, Delhi.

Learned counsel for petitioner submits that case of petitioner is at par with other co-accused viz. [email protected], Dinesh and Surender, who have already been granted bail and investigation of this case is complete and trial of this case is likely to take some time, therefore, petitioner deserves bail as he is in custody since July, 2014.

Learned Additional Public Prosecutor for respondent-State opposes this application by submitting that case of petitioner is not at par with that Bail Application No.2516/2014 Page 1 of other co-accused because petitioner took an active part in conspiracy to commit double murder in broad daylight. It is submitted that a Tata Safari car, one loaded country-made pistol and one .315 bore cartridge was recovered from petitioner and as per FSL report, the voice sample of petitioner has matched with specimen voice of petitioner.

Upon hearing and on perusal of FIR of this case and the status report filed, I find that gravity of offence is such which disentitles petitioner to grant of bail and the case of petitioner is not at par with case of other co-accused as the petitioner was in unauthorized possession of country-made pistol and petitioner is said to have actively conspired in commission of double murder case.

This application is dismissed while not commenting upon merits lest it may prejudice petitioner at trial.

                                                          (SUNIL GAUR)
                                                             JUDGE
JANUARY 13, 2015
vn




Bail Application No.2516/2014                                          Page 2