KADIM Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) BY this application under Section 439 Cr.P.C., petitioner is seeking bail in case FIR No. 238/2003 under Sections 302/201/120-B IPC, P.S. Man Sarovar Park, Delhi.

(2.) LEARNED counsel for the petitioner argued that the only evidence against petitioner is the recovery of ear tops, which were worn by the deceased. It has been described in the TIP as well as in the evidence as the nose pin. It is pleaded that petitioner is in custody for the last two years and three months; out of 30 witnesses cited by the prosecution only 9 witnesses have been examined so far and trial is likely to take a long time. Learned counsel further argued that recovery is shown to have been effected from house No. 173, Jawahar Park, and in fact petitioner had never been residing in that house. It is submitted that on the last date of hearing, learned counsel for the State sought time to have instructions in the matter and learned trial court was directed to expedite the hearing. Learned counsel submits that matter was listed before trial court for remaining prosecution evidence from 17th to 21st January, 2006, but on none of the dates, evidence was produced.