Razia @ Sabbo vs State ( Nct Of Delh I)
2020 Latest Caselaw 490 Del

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

                                    Judgment delivered on 24.01.2020
+      BAIL APPLN. 2829/2019

       Razia @ Sabbo                               ..... Petitioner
                          Through:     Mr. Sunil Kumar, Advocate.
                          versus
       THE STATE GOVT OF NCT OF DELHI ..... Respondent

                          Through      Mr. G. M. Farooqui, APP for
                                       State along with Insp. Prashant
                                       Kumar and SI Pramod Kumar,
                                       PS Seemapuri, Delhi.
       CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                             JUDGMENT

BRIJESH SETHI, J. (Oral)

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

CrPC filed by the petitioner Rajia @ Sabbo in FIR No. 235/2011 u/s.

364/302/201/120-B IPC, P.S. Seemapuri.

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

that petitioner is innocent and has been falsely implicated. She is in

judicial custody since 20.06.2011. It is submitted that no weapon of

offence has been recovered in this case. The blood stained clothes

were not sent to FSL for their chemical examination. Therefore it is

difficult to say that whether it was human blood or not.

3. It is submitted that husband of the petitioner is also in judicial

custody since 20th June 2011 and the two kids of petitioner is in the

custody and care of her parents who are aged 91 years and 85 years

and it is difficult for them to take care of the children. It is submitted

that all the material witnesses have been examined and only

investigating officer is left to be examined, therefore, there is no

chance of petitioner influencing the witnesses or tampering with

evidence. It is, therefore, prayed that petitioner be released on bail.

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

ground that allegations against the petitioners are serious in nature.

Petitioner is involved in a heinous offence of murder. He has,

therefore prayed for dismissal of the bail application.

5. I have considered the rival submissions. The prosecution

version is that on 20.06.11, FIR No 235/11 u/s 364 IPC was registered

on the written complaint of complainant Nazmian at PS Seemapuri,

Delhi. The complainant stated that his son namely Mohd. Saleem,

Aged about 25 years, has left the house without intimation on

17.06.2011 at about 3.30 Hrs. The intimation regarding his not

returning home was registered with the Police Station Seemapuri on

18.06.2011. The complainant stated that his son Mohd. Saleem may

have been abducted by one Zameer. His son has taken a room on rent

in Zameer's house at E6/37, Sunlight Colony, Delhi. He further

alleged that Zameer has suspicion that his wife has illicit relation with

his son and he might have abducted his son or killed him.

6. During investigation it was revealed that both the accused

persons with planning had called the Saleem to their house and killed

him with sharp edged weapons and thereafter had cut his dead body

into many pieces and put the pieces of dead body in plastic bags.

During investigation, co-accused Zameer had got recovered and

identified one plastic bag contained dead body of the deceased. One

Gandasha and two knives were also recovered at his instance and

these were used by him as well as his wife i.e. petitioner to kill the

deceased Saleem.

8. Keeping in view the nature of offence and the manner in which

the offence was committed and further keeping in mind the

incriminating evidence appearing on record against the petitioner, no

grounds for grant of bail are made out. The bail application is,

therefore, dismissed.

BRIJESH SETHI, J

JANUARY 24, 2020 Amit