MEHMOOD Vs. STATE

JUDGEMENT

(1.) - This bail application has been filed by the accused, namely, Mehmood, who is facing trial under section 302/454/34 IPC in case registered vide FIR no. 100/2005 at Police Station Mayur Vihar along with other accused persons now pending in the court of the additional Sessions Judge Karkardooma on the allegations that he along with other accused persons caused grievous injuries to one Nazir (deceased) on 14. 3. 2005 at about 7 p. m. because of which the deceased succumbed to the injuries. In the complaint made by PW 1 Farook which is the basis of the registration of the FIR, it has also been alleged that after dragging the deceased from his house, the applicant gave an iron handle blow on his head from the back side. At that time the applicant also said, "iska kaam Ho Gaya Ab Chalo". Consequent upon the injuries inflicted by the applicant, Nazir fell down and blood started oozing from his head and later on he succumbed to injuries this injury has been found to be sufficient to cause the death of the deceased.

(2.) AFTER committal of the case to Sessions charges were framed as aforesaid. The applicant is in jail ever since 20. 3. 2005 excepl for the period he was granted interim bail on account of the illness of his wife. Some of the material witnesses have been examined before the trial court including PW1 Farook the complainant who is also the brother of the deceased and has fully supported the case of the prosecution though the other eyewitnesses turned hostile.

(3.) IN the aforesaid circumstances the applicant is seeking bail primarily on the ground that the statement made by PW1 before the trial court belies his presence at the spot for the following reasons: