KHALIL ALIAS KHALIL AHMED Vs. STATE

JUDGEMENT

(1.) This is an application for bail. Petitioner is a co-accused and has been challaned for an offence under Section 395/397/34 IPC.

(2.) Briefly, the facts are that a dacoity was committed at house No. CP-13, Pitampura, Delhi at about 12.30 p.m. on 18.1.1992 when cash and jewellery were looted after putting in fear of death of two ladies who were present at the said house, namely, Smt. Shakuntla Mann and her daughter-in-law, Anita Dahiya by use of deadly weapons namely, revolver, country made pistol and knives. A FIR was lodged by Smt. Shakuntla Mann on 18.1.1992 when a case under Section 392/34 Indian Penal Code was registered at Police Station Shalimar Bagh. On investigation, it was found that in all there were six persons involved in the robbery and they had escaped after jumping the back side wall of the house and they were seen by two public persons namely Ishwar Singh and Subhash Chand who had informed the police on PCR on which DD No. 15 was recorded at 12.58 p.m. Only four of the accused persons, namely Khalil Ahmed, Sushil Jain, Uddal Singh and Dulal could be arrested on 16.4.1992. These accused had made disclosure statements and they are alleged to have got recovered some of the looted property which was identified in TIP held before the learned M.M. and the petitioner was also identified in TIP by Smt. Anita, Ishwar and Subhash.

(3.) The accused were committed to the court of learned Sessions Judge. On an application filed by t he petitioner, Public Witness Anita was summoned on 26.11.1992 as an accused to stand trial. Arevision petition was filed against the said order which was allowed vide my order dated August 4, 1998 and the order of the learned Additional Session Judge was set aside. That petition remained pending for about 5 years and in the meantime the petitioner was admitted to interim bail which has been continued from time to time by this Court in these proceedings.