PAHALWAN Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) By this petition, petitioner is seeking bail in FIR No. 200/2015, under Sections 302/307/395/120B/34 IPC and Sections 25/27 of Arms Act, registered at police station Baba Haridas Nagar, Delhi.

(2.) The facts of the case are that on receipt of information through wireless that gun shots were fired, Inspector Sheelwant Singh along with constable Hari Om reached at the spot i.e. Abhinandan Vatika, where Sandeep, a Constable posted at Mundka Police Station, informed that on29.03.2015, during Kuan Poojan ceremony of his son, around 200 guests, including Mr.Bharat Singh, Ex MLA were present. Constable Sandeep next stated that at around 07:30 p.m., sound of gun shots was heard, which resulted into stampede amongst the guests. He further stated that in the meanwhile, he was also hit by some unknown object and received injury on the left side of his forehead and nose and was taken to Swastik Hospital for treatment. Constable Sandeep stated that upon his return from the hospital, he came to know that some unknown persons had fired on Mr.Bharat Singh, Ex MLA. In the said incident, except Constable Sandeep, six other guests had sustained gunshot injuries. Resultantly, on the complaint of Constable Sandeep, FIR in question was registered against unknown accused persons.

(3.) Learned Additional Public Prosecutor for State has opposed this petition by stating that the role attributed to the petitioner in the alleged incident is that under an active criminal conspiracy, petitioner along with other co-accused persons, with a view to eliminate Mr.Bharat Singh, Ex MLA, committed murderous assault on him and Mr.Bharat Singh, Ex MLA succumbed to the grievous injuries sustained by him due to gunshot and six others also received injuries due to gunshot and stampede. Learned Additional Public Prosecutor for State further submits that petitioner was one of the shooter in the alleged incident and one pistol has been recovered at his instance. Learned Additional Public Prosecutor for State next submits that the Scorpio vehicle used in the alleged incident has been recovered by the police, which is said to be registered in the name of one Amit and the said recovered Scorpio was inspected by the FSL expert and crime team and exhibits i.e. blood stains, one nokia mobile phone used by the petitioner, one live cartridge, one empty cartridge were recovered from it.