SUNIL KUMAR SHARMA Vs. STATE

JUDGEMENT

(1.) THE present petition is filed by the petitioner under Section 439 of the Cr.PC praying inter alia for grant of bail in FIR No.58/2009 lodged under Sections 302/394 IPC, registered with Police Station: Connaught Place, New Delhi.

(2.) NOTICE was issued on the present petition on 13.07.2010, when, in view of the submission made by the counsel for the petitioner that the medical condition of the petitioner ought to be ascertained, learned APP for the State was directed to file a Status Report, as to the mental condition of the petitioner, which was required to be submitted by IHBAS, Shahdara. On 18.08.2010, the nominal roll of the petitioner was forwarded and on the said date, counsel for the petitioner stated that the petitioner had been admitted in IHBAS, Shahdara on 04.08.2010. As a result, the Medical Superintendent, IHBAS, Shahdara was directed to submit a report as to the mental status of the petitioner and the matter was directed to be listed on 21.10.2010. On 17.01.2011, notice was taken of the report dated 16.08.2010 submitted by the Senior Medical Officer, Central Jail No.4, Tihar, New Delhi but as the report from IHBAS was still not on record, the matter was adjourned.

(3.) AS per the status report filed by the learned APP, the incident in question occurred on 14.02.2009 at about 1:15/1:30 AM. The aforesaid date being Valentine Day, there was huge rush at the restaurant till 12:30 AM. After entry of guests was closed, the cashier is stated to have counted the cash and the same was found to be about `2.20 lacs, which was a huge amount. The aforesaid information was conveyed to the owner of the restaurant in the presence of the petitioner and two others. After the employees, including the petitioner, left the restaurant, the deceased, Rajesh Thakur, who was posted as security guard at the restaurant, checked the cash counter. The petitioner accompanied his colleagues outside the restaurant, but it is submitted that in the course of investigation, it was learnt from the Pan vendor, sitting opposite Competent House, middle Circle, Connaught Place, from where the staff of Host Restaurant used to enter/exit, that on that very night, the petitioner came to his shop, made some purchases and then went towards the restaurant from the back side.