LAWS(DLH)-2011-8-387

BALBIR SINGH ALIAS KALU Vs. STATE

Decided On August 24, 2011
BALBIR SINGH @ KALU Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) THIS is a petition for grant of regular bail filed by the petitioner, Balbir Singh @ Kalu, in respect of FIR No.259/2010, registered under section 302/34 IPC at P.S. Sarai Rohilla, in respect of which the trial is pending before the Court of learned Additional Sessions Judge.

(2.) BRIEFLY stated, the facts of the prosecution case are that on receipt of DD No.2A, dated 26.07.2010, the IO reached Jeevan Mala Hospital, Delhi, where doctors had declared one Mr.Narender, s/o Late Sh.Satyanarayan, R/o B-1448, Shastri Nagar, Delhi, aged about 36 years having been brought dead with a history of multiple punctured wounds over chest and upper limbs. On the basis of the statement of one Anil, brother of the deceased, accused Balbir Singh @ Kalu, s/o Sh.Harjeet Singh, R/o B-1331, Shastri Nagar, Delhi was arrested and FIR No.259/2010 was registered for an offence under section 302 IPC by PS Shastri Nagar, Delhi. The pocker allegedly used as the weapon of offence, was also recovered, near Udham Singh School, Shastri Nagar, Delhi, at the instance of the accused. Blood stained Santro car and the blood stained clothes belonging to the petitioner was also recovered apart from accused, Balbir @ Kalu. Blood stained earth was also taken from the front of H.No.B-1448, Shastri Nagar, Delhi, which was sent for examination to Forensic Science Laboratory, Rohini, Delhi. After investigation, the chargesheet was filed and presently the case is pending trial and out of 25 prosecution witnesses, 15 witnesses have been examined.

(3.) KEEPING in view the totality of the circumstances and the nature of evidence, especially the penultimate stage of trial, I feel that it is not a fit case where the accused should be enlarged on bail.