SATENDER KUMAR TIWARI Vs. STATE OF DELHI

JUDGEMENT

(1.) THIS is an application made by accused Satender Kumar Tiwari who is facing trial for commission of offence punishable under Section 364-A/302/34 ipc. It is pertinent to mention here that the name of the petitioner did not figure in the charge sheet as investigators could not connect him for commission of offence. However, during the course of trial, the trial judge summoned this accused under Section 319 of the Code of Criminal Procedure as PW-6 and PW-7 had given reference of this petitioner in helping them to trace out the deceased shailender Kumar Verma. The trial judge vide order dated 8. 12. 2004 summoned the petitioner as well on application moved by the prosecution under Section 319 cr. P. C. , since then this accused is in custody.

(2.) IT is urged by learned counsel for the petitioner that reading of the statements of PW-6 and PW-7 do not implicate this petitioner for commission of offence as PW-6 and 7 did not state anywhere that this petitioner was instrumental in commission of offence. According to him though his name appears in their statements but the said material cannot be taken as incriminating material against him. I may state that this shall be the domain of the trial judge to deal with the relevancy of testimonies of such witnesses. What is weighing in mind for grant of bail is that this petitioner was not at all charge sheeted by the investigators at the time when charge sheet was filed but later on the Sessions Judge summoned him. The petitioner is also in custody since 20. 01. 2005.

(3.) LOOKING to his long detention in jail and the case is being based on circumstantial evidence and also prima facie pursuing the testimonies of PW-6 and PW-7, I am of the opinion that keeping him further in jail shall serve no purpose particularly when he was not originally arrayed as an accused.