MONA Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This application under Sec. 439 Cr.P.C. seeking regular bail has been moved by the co-accused in FIR No.321/2013 registered under Ss. 302/394/397/34 IPC at PS Crime Branch.

(2.) Mr.Kanhaiya Singhal, learned counsel for the applicant submitted that the applicant had been in custody since 21/8/2013 and has been facing trial as an under trial in custody for the last more than eight years. It is submitted that there are 54 witnesses of the prosecution out of which only 31 have been examined so far. Relying on the judgment of the Supreme Court in Umarmia Alias Mamumia Vs. State of Gujarat (2017) 2 SCC 731. Learned counsel for the applicant submitted that the applicant be granted bail as the trial would take a long time to conclude.

(3.) Learned counsel for the applicant has submitted that the case of the prosecution is completely doubtful as regards the applicant's role in the commission of the alleged offence. According to him, the recovery of articles from the cupboard of the applicant's almirah could not create any culpability. The witness PW-18 (Pintoo) was a planted witness as the story that he had come to the premises where the crime had taken place to collect some car keys was far-fetched. Moreover he had not deposed to having assisted the Police in drawing the sketch of the applicant. Thus, the identification of the applicant as the person who had supposedly handed over the keys of the car to PW-18 could not be believed.