VISHAL Vs. STATE

JUDGEMENT

(1.) By this application, the petitioner seeks regular bail in FIR No.430/2018 registered at PS Bawana under Ss. 302/120B of the IPC and Ss. 25/27 of the Arms Act. The petitioner has been in judicial custody since 20/11/2018, the charge-sheet has been filed and the trial is in progress.

(2.) As per the case of the prosecution, information was received on 29/10/2018 that a lady on a scooter had been shot. On reaching the place of incidence, it was revealed that the injured had been shifted to M.V. Hospital where Sunita aged 41 years was found admitted. As per the MLC, the doctor had mentioned a history of gunshot and declared her dead on arrival. No eyewitness was found and the FIR was registered under Sec. 302 IPC and Ss. 25/27 of the Arms Act. During investigation, it was discovered that the deceased was a school teacher in a Government Middle School in Sonipat. The brothers of the deceased stated that there was an illicit relationship between Manjit (husband of the deceased) and Angel Gupta and suspected that they were involved in the incident. Further, information was revealed through e-mails which was sent from Angel Gupta to Manjit and through the mobile phones of various accused persons and witnesses. References to Angel Gupta were found in the diary written by the deceased where she had recorded her apprehension of an untoward incident which may take place with her. Statements under Sec. 164 Cr.P.C. were also recorded of the daughter of the deceased who had overheard conversations between the deceased and Angel Gupta over the phone where the deceased had been threatened. From the CCTV footage, the presence of a Duster car was noted as also a Maruti Esteem car which was found to be owned by Rajiv Gupta, the father of Angel Gupta whose presence was also established through the mobile location details. From the data retrieved from the mobile phone from co-accused Deepak, driver of Rajiv Gupta, would show that Rajiv Gupta hatched a conspiracy and hired criminals. Deepak brought the hired scooter from Meerut on 28/10/2018 and then later identified one of the shooters in the judicial TIP while other accused persons, namely, the petitioner refused to join TIP proceedings. Later, on disclosures of Rajiv Gupta, Manjit and Angel Gupta who were arrested on 1/11/2018, it was allegedly revealed that they had decided to kill Sunita and Deepak. The driver of Rajiv Gupta had apparently introduced them to his maternal uncle Dharmendra who in turn hired Shehzad and present petitioner who had shot Sunita on 29/10/2018. Petitioner Deepak was arrested on 2/11/2018, Shehzad was arrested on 7/11/2018, Dharmendra was arrested on 17/11/2018 and petitioner was arrested on 20/11/2018. At the instance of the petitioner, motorcycle used in the crime was recovered as also the weapon of offence at the instance of accused Shehzad. Cash was recovered from Dharmendra, including a pistol that he was carrying on that day and the Maruti Esteem Car was recovered at the instance of accused Deepak.

(3.) The case is at the stage of prosecution's evidence. There about 30 material witnesses and 3 witnesses have been examined by the Ld. Trial Court. The petitioner filed an application in the Sessions Court to plead guilty. However, the Ld. Sessions Court held that 'in view of the said settled proposition of law made in Gaurav Aggarwal (supra) case, there is no recourse available to the accused to make a plea of guilt again under Sec. 304 IPC once the stage is over and the matter being on trial. Once the plea of not guilty is recorded upon the charge being framed, the only consequence is the conclusion of trial either the judgment of conviction or acquittal. In these circumstances, the application under Sec. 229 Cr.P.C. moved on behalf of the accused Vishal @ Johny for pleading guilty is dismissed'. Pursuant to this order dtd. 10/3/2022, a criminal revision petition was filed assailing the same but was withdrawn with liberty to approach the Ld. Trial Court. Another application under Sec. 229 Cr.P.C. was moved which was again dismissed by order dtd. 3/8/2022. The third plead guilty application was moved by the petitioner on 25/11/2022 and later the regular bail application of the petitioner was dismissed by the Ld. Trial Court on 6/1/2023.