SACHIN BANSAL ALIAS ANSHU Vs. STATE

JUDGEMENT

(1.) These are the two regular bail applications bearing Nos.1512/2009 & 1012/2011, filed by Sachin Bansal and another by Narender Mann respectively.

(2.) Briefly stated, the prosecution case against the petitioners/accused persons is that on 21.03.2006 at about 4:30 pm a call bell was given at the residence of the deceased, S.N.Gupta. Smt.Kamla Devi, the wife of the deceased S.N. Gupta attended the call. At the main door, she found a person with beard, aged about 25-30 years, wearing spectacles & black cap, having a bag and posing himself to be a Courier boy. He informed her that he had brought a letter for S.N.Gupta, the deceased. As the Courier Boy is stated to have alleged that the delivery of the letter would be made to Sh.S.N.Gupta only, Smt.Kamla Devi, complainant went inside the house and informed her husband about the courier. S.N. Gupta went to the door to collect the letter, however, in the meantime, the complainant who was in the kitchen heard 2-3 gunshots. It transpired that S.N.Gupta had been shot by that Courier Boy and he was lying on the floor in a pool of blood. He was rushed to Jaipur Golden Hospital with the help of the neighbours, where he was declared as brought dead.

(3.) An FIR No.200/2006 was registered under Section 302 IPC read with section 25/27 of the Arms Act by PS Mangolpuri, Delhi and investigation conducted. The investigation led to the arrest of the petitioner, Sachin Bansal on 29.03.2006 on whose disclosure statement the other accused/petitioner, Narender Mann, was also arrested. It transpired, after investigation, that Sachin Bansal was a business partner of the deceased S.N.Gupta and there were apparently some business differences between them. In addition to this, the deceased S.N.Gupta had to recover 70- 80 Lakhs of rupees, from Sachin Bansal and his father Shiv Charan Bansal, which was given to them in connection with some committees, which were being run by them. Narender Mann, the other co-accused, had to recover approximately 30-40 lakhs of rupees from the nephew of the deceased. It is the case of the prosecution that a conspiracy was weaved between Sachin Bansal and Narender Mann with the help of few other persons. Narender Mann was arrested on the disclosure statement of Sachin Bansal. One Rajbir Malik arranged the pistol similar to the licensed pistol of Narender Mann. The disclosure statement of Narender Mann led to the recovery of the car used in the crime and the pistol used as the weapon of offence along with two live cartridges from the accused Shailender Singh. One Joginder Singh Sodhi is alleged to have disguised as a Courier Boy and a friend of Sachin Bansal, Rajbir Singh, an Advocate had also allegedly helped Sachin Bansal in devising a conspiracy from choosing the weapon till the time of collecting the booty for the murder. So far as Narender Mann is concerned his role unlike Sachin Bansal, who was alleged to be the kingpin of the entire conspiracy, was limited to the extent that his disclosure has resulted in recovery of certain incriminating articles from the dickey of his car, which were alleged to be actually used by the person, named, Joginder Singh Sodhi, who disguised himself as a Courier Boy. In addition to this, the prosecution case against Narender Mann is that his licensed pistol was recovered from Sachin Bansal and the bullets, which were used from the weapon of offence were of the same or the same type, which were issued to Narender Mann for his licenced weapon.