NARENDER MAAN Vs. STATE OF NCT DELHI

JUDGEMENT

(1.) This order shall dispose of Criminal Revision Petition No. 610/2006 and Bail Application No. 3362/2006, both of which have been filed by the same petitioner (Narender Maan).

(2.) The Criminal Revision Petition is in respect of FIR No. 200/2006, registered at PS Mangol Puri, under Section 302/120B/34 IPC, wherein the petitioner is an accused. In that case the petitioner moved an application for bail and was granted bail by Sh. D. K. Malhotra, learned Additional Sessions Judge, Rohini, Delhi. Shortly thereafter, the State of NCT of Delhi filed an application under Section 439 (2) of the Code of Criminal Procedure, 1973 for cancellation of bail in the court of the Additional Sessions Judge on 12.06.2006. That application was listed on 13.06.2006 and on that date, the Court issued notice. On 28.06.2006, a reply was filed on behalf of the petitioner to the said cancellation of bail application. In the reply, it was specifically pleaded that bail once granted could not be cancelled unless, inter alia, there were allegations of tampering with evidence. The hearing of the application for cancellation of bail was fixed on 06.07.2006. On 04.07.2006, co-accused Rajbir Malik's bail application came up for hearing. The same was adjourned to 05.07.2006.

(3.) On 04.07.2006, after Rajbir Malik's bail application was adjourned, at about 2 pm, it is alleged that the present petitioner along with others had threatened one Satish Kumar and others, who were with him and who had come to pursue the case against the accused in the said FIR No.200/2006. It is alleged by the prosecution that the present petitioner along with others came towards the small stairs and one of them, aged about 35 years, wearing white pants and shirt, who used to come earlier also for pursuing the case of the accused, held the said Satish Kumar with his shirt collar and told him to stop pursuing the case. It is further alleged that he abused him and threatened to kill him and he was allegedly told that if he did not stop pursuing the case, he would suffer the same fate as his brother. As per Satish Kumar's statement recorded in FIR No. 524/2006 under Section 323/341/506 IPC read with Section 25/57 of the Arms Act, he believed that the persons who threatened him, acted on the instructions of Shiv Charan, Rajbir Malik and Narender Maan (the petitioner herein), to stop them from pursuing the case by acting in the said manner.