PARMIT @ PEHLWAN Vs. STATE

JUDGEMENT

(1.) THIS common order shall dispose of the aforesaid two bail applications filed on behalf of Parmit @ Pehlwan S/o Jagbir Singh and Sandeep @ Kale S/o Ramesh Kumar, who are undergoing trial in a case arising out of FIR No. 133/2007 under Sections 307/302/34 IPC read with Section 25/27 of the Arms Act registered at Police Station Kanjhawala and are in judicial custody since 23.7.2007 and 22.7.2007 respectively, except for a brief period of fifteen days when the applicant, Parmit @ Pehlwan was released on interim bail on account of his sister 's marriage.

(2.) ACCORDING to counsel for the applicants, the applicants are entitled to bail inasmuch as, the alleged eye-witness of the incident, namely, PW-1 Anil Kumar S/o Hukum Singh at whose instance the present FIR was registered has turned hostile and has not supported the case of the prosecution. He has not identified the applicants as the persons who took part in the alleged assault resulting in the death of Ranbir S/o Ramphool and injury to himself. It is also submitted that till date, the prosecution has examined only one witness, whereas they have cited as many as 27 witnesses and it is likely that the trial of the case will take a long time. It is also submitted that the applicants are permanent resident of Delhi and there is no apprehension of their absconding or tampering with the evidence in any manner. Now only police officials are left to be examined and public witness in regard to the identification of dead body are left to be examined. It is thus submitted that the applicants, who have clean incidents, are entitled to be released on bail.

(3.) INSOFAR as Sandeep @ Kale is concerned, it is stated that the recovery of shirt from black colour pulser motor cycle no. DL 8S F 7367 which was parked in L-1 Liquour Godown, Jhajjar road, Bahadurgarh near chungi, is mere plantation. That shirt was taken by the IO from his house and thereafter, it was planted upon him after putting blood stain on that shirt. It is pertinent to mention that no public person joined at the time of recovery of shirt which falsify the prosecution 's story. It is also stated that recovery of pistol is mere plantation by the Police as nothing was recovered from the possession or at the instance of the present applicant. It is also stated that present applicant is not known as Kale and was arrested on the basis of wrong identification.