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2006 DIGILAW 2013 (DEL)

DHARAMBIR @ PAPPU v. STATE

2006-11-06

S.N.AGGARWAL

body2006
S. N. AGGARWAL, J. ( 1 ) THE petitioner seeks regular bail in case under Sections 302/201/ 34, IPC registered against him and his co-accused persons vide FIR No. 157/2005 with police Station, Anand Parbat. ( 2 ) LEARNED Counsel for the petitioner has argued that even if the case of the prosecution contained in the charge-sheet is taken as a gospel truth, still the petitioner cannot be accused of committing the murder of deceased pintu. He has taken me through the contents of the FIR and other relevant material on record. ( 3 ) THE accusations against the petitioner are that he had assisted his co-accused gangadeen in disposal of the dead body and thereby at best he could be tried only under section 201, IPC and not under Section 302, ipc. On being repeatedly asked, the learned app for the State could not point out any incriminating circumstance against the petitioner to show, prima facie, conspiracy either before, at the time of commission of crime and thereafter to show that he had conspired with the accused persons in committing murder of the deceased. However, learned APP for the State has argued that the petitioner has already been charged by the learned Trial Court under Sections 302/ 34, IPC and also under Sections 201/34, IPC. ( 4 ) LEARNED Counsel for the petitioner has submitted that the petitioner has assailed the order of change in a revision petition which is pending for hearing before Hon'ble mr. Justice B. D. Ahmed. Learned Counsel for the petitioner says that in all probability, the charge under Sections 302/34, IPC is likely to be quashed by this Court. ( 5 ) AT this stage, I do not wish to express any opinion on the merits of the rival contentions advanced by learned Counsel for the parties. The petitioner is in judicial custody since last 1-1/2 years, that is, since 26. 5. 2005. ( 6 ) IN view of the above and having regard to the circumstances of the case, the petitioner is admitted to bail on his executing bail bonds in the sum of Rs. 25,000 with one surety in the like amount to the satisfaction of the concerned Trial Court. Order Dasti. Bail application allowed.