Walim vs The State (Govt. Of Nct Of Delhi)
2019 Latest Caselaw 6371 Del

*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                         Judgment delivered on: 09.12.2019
+      BAIL APPLN. 2782/2019
       Walim                                          ..... Petitioner
                           Through:     Mr. Akhilesh Kr. Pandey,
                                        Pankaj Kumar and Manoj
                                        Kumar, Advocates.
                           versus
       STATE (GOVT OF NCT OF DELHI)                   ..... Respondent
                           Through      Mr. Tarang Srivastava,
                                        APP for State.

       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                               JUDGMENT

BRIJESH SETHI, J.(oral)

1. Vide this order I shall dispose of a bail application filed u/s. 439

CrPC by the petitioner Walim in FIR No. 765/2015 u/s.

302/307/324/392 IPC, P.S. Mahendra Park.

2. Ld. Counsel for the petitioner has prayed for bail on the ground

that petitioner is innocent and has been falsely implicated. It is

submitted that in fact one Shan i.e. the son of the complainant has

committed the murder of the deceased. Ld. Counsel has drawn the

attention of the Court to the statement of PW-3 Smt. Hasina as well as

PW-13 Sh. Mustkeen and submitted that these witnesses have not

supported the prosecution version. He has further submitted that

petitioner is in judicial custody since 04.09.2015 i.e. more than four

years. The knife i.e. the weapon of offence was sent to FSL after three

months of filing the chargesheet. All material witnesses have already

been examined and there is no chance to influence them. In these

circumstances, it is prayed that petitioner be released on bail in the

interest of justice.

3. Ld. APP for the state has opposed the bail application on the

ground that allegations against the petitioner are serious in nature. He

has drawn the attention of the Court to the statement of PW-3 Smt.

Hasina as well as PW-7. He has, therefore prayed for dismissal of the

bail application.

4. I have considered the rival submissions. I do not intend to

analyze the evidence at the stage of bail but during the arguments Ld.

Counsel for the petitioner has compelled me to go through the

evidence. In the statement of PW-3 Smt. Hasina, it has clearly come

on record that petitioner had taken out knife from dub of his waist and

stabbed her son Mohd. Shan repeatedly. In the meanwhile, his mother

Shamim Bano had come in between as a shield in order to save Mohd.

Shan and due to this she suffered a knife blow and fell down and died.

The petitioner had run away from the spot thereafter.

5. In view of above facts appearing on record and serious nature of

offence, no grounds for grant of bail to the petitioner are made out at

this stage. The bail application is, therefore, dismissed. However, it is

made clear that observation made by this Court will not tantamount to

expression of opinion on the merits of the case.

BRIJESH SETHI, J DECEMBER 09, 2019 Amit