STATE Vs. NITIN SHAH

JUDGEMENT

(1.) This is apetition filed by the State through its Standing Counsel.Shri P.S. Sharma for the cancellation of bail of the accused Nitin Shah, which was granted by Shri B.S. Chaudhary, the then Additional Sessions Judge,Shahdara in case FIR No. 258/92 under Sections 302, 120-B and 341.P.C. Police Station Shakar Pur,Delhi on 13.10.1992. In brief the facts of the case, as are apparent on record, are that Shri LalitKumar Suneja, was working as distributor at Delhi of M/s Shivnit Enterprises, aproprietary concern of Mr.Nitin Shah, the accused. It is alleged that Mr. Nitin Shah had terminated the appointment of the said Mr. Suneja, as a distributor, which gave rise to disputes and differences between them. According to Mr. Nitin Shah, the accused, the deceased was demanding exhorbitant sums of money from him, the figure of which varied on every occasion, which he claimed were due from the said concern, M/s Shivnit Enterprises to him.

(2.) As per the prosecution case, Mr. Nitin Shah, the accused in conspiracy with one Mr. 0m Prakash Srivastava alias Bablu alias Bhai, his henchman hired Mr. Manish Dixit and other co-accused who are known bad characters for killing Mr. Lalit Kumar Suneja, the de- ceased.

(3.) It is alleged that a sum of Rs. I lakh was allegedly given to these assailants for this job. As a result of that conspiracy, on 2.8.1992 Manish Dixit along with co-accused Virendra alias Chhotoo went on a motor cycle to Bank Enclave and Manish Dixit fired with a pistol at Lalit Kumar Suneja,who was returning from temple at 8 a.m. The said Mr. Lalit Kumar Suneja, when removed to the hospital was declared brought dead. During investigation Manish Dixit and Manjeet Singh were arrested. It is alleged that the motor cycle used in the offence has been recovered.