SUMIT KUMAR Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Section 439, Cr.P.C. for grant of bail in case FIR No. 123/2001 under Sections 302/394/458/460, IPC P.S. Mayapuri, Delhi.

(2.) Prosecution allegations are that on the night intervening 16/17.5.2001 at a factory No. B-20, Maya Puri Phase-I, New Delhi, petitioner along with others committed murder of Chet Ram and assaulted Govind Bahadur and took away forcibly 119 packets of plastic dana and two telephone instruments and other goods and committed offence punishable under above noted sections. It is further alleged that petitioner was arrested in the other case; on interrogation petitioner disclosed his involvement in the above noted case, as well; petitioner and other accused persons were arrested and after their arrest, petitioner refused to participate in the TIP; after investigation challan was filed and the matter is pending trial. In support of their case learned Counsel for the State relied upon the statement of Dhan Bahadur (PW 2) and Govind Bahadur (PW 5).

(3.) Learned Counsel for the petitioner argued that Dhan Bahadur and Govind Bahadur were examined. PW 2 in the cross-examination has admitted that he did not see the petitioner and only can identify him by voice. Learned Counsel then referring to evidence of PW 5 Govind Bahadur argued that this witness came to the Court on 15.5.2003. He was unable to communicate. Learned Trial Court put certain questions to him and recorded the findings: