NITIN SABHARWAL Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The petitioner - Nitin Sabharwal seeks regular bail under Section 439 Cr.P.C. in case FIR No.219/2017 registered under Sections 302/201/34 IPC at PS New Friends Colony (Crime Branch). Status report is on record.

(2.) I have heard the learned counsel for the parties and have examined the file.

(3.) Learned Senior Counsel for the petitioner urged that the petitioner is in custody since 04.12.2017. At the time of incident when the deceased Hemant Chawla died, the petitioner was not present at the spot. Call Detail Records relied upon by the prosecution confirm that the petitioner was not present at the place of occurrence between 11.30 p.m. to 04.30 a.m. on the night intervening 04/05.07.2017. As per post-mortem report, victim's death occurred in between 01.30 a.m. to 02.30 a.m. Learned Senior Counsel further urged that the petitioner had no motive whatsoever to cause the victim's death; they were childhood friends and on the day of occurrence had dined and wined together. The victim had long history of alcohol and drug abuse and was undergoing treatment for depression and anxiety related problems. On the night of 04/05.07.2017, the deceased had consumed a full bottle of wine and imbibed 2 - 3 grams of cocaine; thereafter, he snorted 2 grams of smack. It was further contended that the delay in lodging the FIR has not been explained. Initially, the victim's family had not suspected any foul play. Cause of death has remained unknown. As per postmortem examination report, trachea and larynx both were intact and without any injury or damage. Relying upon the judgment 'Satish Nirankari vs. State of Rajasthan, (2017) 8 SCC 497', Senior Counsel would urge that the death by 'strangulation' is suspect. It was further urged that the prosecution has not collected sufficient evidence to connect the petitioner with the crime; attempt has been made by the prosecution to shift the entire burden to prove the prosecution case upon the accused under Section 106 Evidence Act. The petitioner has already joined the investigation several times; nothing incriminating has been recovered from his possession or at his instance.