ANAND MANDAL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case FIR No. 81/2014 of PS Mandawali for offence under Sec. 395/394/411/34 IPC.

(2.) At the outset, once again in this case also neither the investigating officer nor the SHO Mandawali has bothered to appear and assist learned prosecutor. Consequently, learned prosecutor expresses inability to disclose the status of trial of this case. Even counsel for accused/applicant has not appeared. Adjourning the matter in such situation would not be appropriate in view of old pendency of this bail application. This application is amongst 179 old pending bail applications received by this bench by way of transfer from different benches and today is the first date before this bench.

(3.) Broadly speaking, the prosecution case registered on the first information of the complainant Vishwajeet Singh is as follows. The complainant is running a mobile phone shop and on 29/1/2014 at about 04:15am when he was sleeping in his home on the first floor above his shop, suddenly he heard the sound of opening of shutter. When he peeped down, he saw some boys standing outside his shop, speaking with someone inside the shop. When he raised alarm, the boys standing outside the shop fled away after which he and his brother Mahender jumped down and with the help of neighbours apprehended three boys inside his shop. Those three boys were carrying a rod used to uproot the shutter. Those boys tried to flee but were apprehended after exchange of some fisticuffs. In the meanwhile, two police officials passing by came and apprehended those boys. Those apprehended boys were Gulam Mukhtar, Hader Ali and Sabir. Those boys who fled away included the present accused/applicant.