SHARIF Vs. STATE

JUDGEMENT

(1.) BY this common order I shall dispose of the aforesaid two bail applications filed by two co-accused for grant of bail in FIR No. 946/2004, under sections 302/365/364a/201/34 IPC, registered at Police Station Shalimar Bagh. The aforesaid FIR was originally filed under section 365 IPC but was later on converted under Section 302 IPC after the arrest of mukesh Vats/co-accused as well as the present petitioners who in their disclosure statements informed the police that the deceased Shri Ramesh Gupta was murdered by all of them and at their instance not only the dead body was recovered but also the weapon of offence i. e. knife by which the throat of the deceased was cut was recovered. The blood stains from the car belonging to Mukesh Vats were also recovered in which the deceased was taken by the petitioners from his house on the fateful day.

(2.) THE present petitioners, namely, Sharif and Kamlesh Kumar Singh also moved the bail applications before the trial court but the same were dismissed vide order dated 25. 4. 2008 and 13. 1. 2009 respectively/ thereafter, the petitioners approached this court by way of the present bail applications.

(3.) IT is submitted that the petitioners are in judicial custody since 4. 11. 2004 and as such, no useful purpose will be served by keeping the petitioners in custody further, more so when the principal accused, mukesh Vats, has already been granted bail by this Court vide order dated 29. 11. 2007 passed in Bail Application No. 2191/2007 on the ground of long detention.