HARBHAJAN SINGH Vs. STATE

JUDGEMENT

(1.) - By this petition filed under Sec. 439 of Code of Criminal Procedure, 1973 (hereinafter referred to as the Cr.P.C.) the petitioner seeks bail in FIR No.328/09 under Sec. 302/201/120-B of IPC, at Police Station Jahangirpuri, Delhi.

(2.) In nutshell the case of the prosecution is that on 07.06.2009 at about 11.17 vide DD Entry No.16A, an information was received at Police Station Jahangirpuri, Delhi regarding dead body found in a car at Sanjay Enclave, Opp. G.T.K. Deport. The deceased was identified as Satish Kumar Balyan. Postmortem on the body of the deceased was conducted on 10.06.2009 at DDU Hospital and consequent upon receipt of the post mortem report No.594/2009 dated 18.06.2009, the present FIR under Sec. 302 of Penal Code was registered.

(3.) During the course of investigation, several statements of the concerned persons were recorded and on basis whereof the accused Jagbir Singh and Sunil Kumar were identified to be the suspects in the present case and on 30.04.2014 they were arrested, i.e. almost after five years of investigation. Charge sheet was filed against both the accused persons in July 2014. The petitioner has been implicated in the present case on the basis of disclosure statement of the co-accused Jagbir Singh. Accordingly, the petitioner was interrogated by the Crime Branch, Rohini, Delhi. On 20.02.2015, the petitioner surrendered before the learned Metropolitan Magistrate and since then he is in judicial custody. Thereafter, supplementary charge sheet under Sec. 173(8) of Crimial P.C. was filed against the present petitioner as well.