SIDHARATH VASHISTH MANU SHARMA Vs. STATE

JUDGEMENT

(1.) . The petitioner is the main accused in case, commonly known as "Jessica Lal Murder Case". According to the prosecution, the petitioner had fired two bullet shots, one of which hit the deceased Jessica Lal resulting in her death. Shri Ram Jethmalani, Senior Advocate, while pressing for regular bail to the petitioner, has pointed out that all the three alleged eye-witnesses have failed to support the prosecution case and as such, there is no evidence whatsoever against the petitioner to connect him with the offence. He also contends that the prosecution case suffers from an inherent infirmity inasmuch as according to one of their own experts, the two bullets alleged to have been fired at the spot were fired by two weapons and not one, as alleged by the prosecution. According to him, the prosecution is merely flogging a dead horse knowing fully well that the petitioner is not likely to be convicted and as such, the petitioner deserves to be enlarged on regular bail.

(2.) . It has to be pointed out that this Court while considering an earlier bail application filed on behalf of the petitioner had considered in detail aforesaid submissions made on behalf of the petitioner and after enumerating various incriminating pieces of circumstantial evidence declined to enlarge the petitioner on regular bail. The incriminating circumstances discussed in detail in the order dated 3.9.2001 continue to stand in petitioner's way and as such, this Court is of the considered view that there are no good and sufficient grounds for grant of regular bail to the petitioner.

(3.) . It is, however, to be noted that while dismissing the petitioner's application for regular bail on 3.9.2001, this Court had observed that the trial be expedited and if possible, concluded within a period of four months. The prosecution could not complete its evidence within four months. Thereafter another application for bail was moved on behalf of the petitioner which came up before this Court on 25.01.2002. It was submitted on behalf of the prosecution that out of remaining prosecution witnesses, only two were public witnesses and the remaining were official witnesses. The said two witnesses Jagannath Jha and Dinesh Kumar were stated to be not traceable and it was submitted that the prosecution was trying to locate them, which may take some time. Considering the fact that the trial was getting prolonged, the petitioner was ordered to be released on interim bail for a period of six weeks. After expiry of the interim bail, the petitioner is stated to have surrendered and is presently lodged in jail.