PARTH PANDIT Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) By way of the present petition under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure Code, 1973 (CrPC), the petitioner seeks grant of Regular Bail in FIR No. 358/2019 dtd. 21/10/2019 for the offence under Sec. 307 of the Indian Penal Code, 1860 (IPC) and Ss. 25,27,54 and 59 of the Arms Act, 1959 (Arms Act) registered at Police Station Adarsh Nagar (subject FIR).

(2.) The case of the prosecution is that on 20/10/2019, upon receiving information, Sub-Inspector Ravi Kumar along with Assistant Sub-Inspector Ram Niwas reached the BJRM Hospital, Jahangirpuri, where an injured person namely Kailash was found admitted vide MLC No. 177197/19. The MLC recorded by the doctor had mentioned that 'A/H/O firearm injury around 9:40PM on 20/10/2019 at near Azadpur Mandi, as stated by the patient".' When inquired from the victim, he informed the police that he had been shot near Mushtaq Dhaba, TPT Centre, Azadpur, Delhi, however, he did not give a detailed statement due to severe pain. Subsequently, the Crime Team, North West District was called on the crime scene i.e, the aforesaid location, where an inspection was conducted. During an extensive search, one empty shell was found lying near the Dhaba, which was taken into possession of the police through Seizure Memo.

(3.) Based on the aforesaid facts, the subject FIR was registered. During the course of the investigation, the statement of the victim was recorded, wherein he stated that on 20/10/2019 at around 9:45 PM, he was sitting on a bench beside Mushtaq Dhaba when four men namely Sunny S/o Shiv Singh, Sachin S/o Munna Lal, Misham S/o Aaga Jaani and Parth Vajpai (petitioner in the present case) approached him. Parth and Misham had a country made pistol (katta) in their hands. Parth fired a shot in air, while Sunny held the victim/complainant. Misham began to frisk him and demanded that he hand over whatever money he had. The victim handed over the money to Sachin and tried to run away, meanwhile Parth shot him in his stomach. Thereafter, all the accused persons ran away.