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1993 DIGILAW 212 (DEL)

SHAFIQ MUNNA v. STATE OF DELHI

1993-03-29

SAT PAL

body1993
Sat Pal, J. ( 1 ) THIS is a petition for grant of bail under Section439 of Code of Criminal Procedure. In this petition, it has been submittedthat the petitioner has falsely been implicated in the present case, besidestwo other cases i. e. FIR No. 249/91 P. S. Krishan Nagar and FIR 125/91,p. S. Model Town. It has also been stated that the petitioner has alreadybeen granted bail in the other two cases. It has further been stated thatfour co-accused in this case, namely, Jitender Kumar, Rais Ahmed, Sureshand Rajiv had already been granted bail. Alongwith the petition, thepetitioner has also annexed copies of the orders dated 6-8-92, 25-8-92,2-11-92 passed by this Court granting bail to co-accused Jitender Kumar,suresh Kumar and Sahidu. ( 2 ) MR. Jain, the learned Counsel appearing on behalf of the petitionersubmitted that the role assigned to the petitioner is same as that to Jitenderwho was granted bail by this Court on 6/08/1992 and as such thepetitioner should also be released on bail. ( 3 ) MR. Singh, the learned Counsel appearing on behalf of the State,however, submitted that the case of the petitioner is distinguishable. Hedrew my attention to the FIR wherein it has been alleged that a personhaving BAKRA CUT BEARD wheatish colour aged 25/26 years snatchedfrom the complainant his wrist watch with name written in Russian language. The learned Counsel submitted that the petitioner answered the said description and as a result of his disclosure statement, the aforesaid wrist watchwith name written in Russian language was recovered from him. ( 4 ) I have given my thoughtful consideration to the facts of the caseand I have perused the lower Court records also. From the records, I findthat the allegation against the accused Jitender Kumar is that one wristwatch was found in his possession. The order granting bail to Jitendershows that he was arrested on the basis of disclosure statement made byshafiq @ Munna (petitioner ). However, as per allegations made againstthe petitioner, the wrist watch with name written in Russian language hasbeen recovered from him as a result of his own disclosure statement. Thepetitioner further did not participate in the I. I. Parade, though according to the learned Counsel for the petitioner, he refused to join the parade as hehad been shown to the complainant by the police earlier. Taking intoconsideration the totality of the circumstances, I am of the. Thepetitioner further did not participate in the I. I. Parade, though according to the learned Counsel for the petitioner, he refused to join the parade as hehad been shown to the complainant by the police earlier. Taking intoconsideration the totality of the circumstances, I am of the. view that thepetitioner is not entitled to bail at this stage. Accordingly, the petition isdismissed. ( 5 ) THE observations given by me hereinabove will have no bearingon the merits of the case. ( 6 ) THE lower Court records be sent back forthwith. Petition dismissed.