LAWS(DLH)-2019-10-14

KAMAL KISHORE Vs. THE STATE OF DELHI

Decided On October 11, 2019
KAMAL KISHORE Appellant
V/S
The State Of Delhi Respondents

JUDGEMENT

(1.) This is a bail application moved on behalf of petitioner Kamal Kishore @ Lalaji filed under section 439 Cr.P.C. for grant of regular bail in FIR No. 162/2012, u/s. 302/201/34 IPC PS Karawal Nagar.

(2.) It is submitted by learned counsel for the petitioner that applicant/ accused is an old man aged 75 years who is in Judicial custody since 19.05.12 i.e. for a period of more than six years and is a disabled person suffering from several serious medical ailments like Asthama and 40% of his left body is paralyzed due to post burn contractions. He further submits that Trial Court failed to give due consideration to the above facts while dealing with the bail BAIL APPLN. 1006/2019 Page no. 1 application. It is further submitted that all material witnesses have been examined and no useful purpose will be served by keeping the petitioner in Judicial Custody.

(3.) Ld. Counsel further submits that the case is based on eye- witness accounts of witnesses namely Lata Saini (wife of the deceased) PW-11, Karan PW-12 and Sonu PW-17. He submits that all these PW's are planted witnesses and their statements are not at all reliable which can be demonstrated from the records itself. It is further submitted that their statements are highly belated as statement of Smt. Lata Saini, PW-11 was recorded 48 hours after the incident on 19.05.2013, statement of Sonu, PW-17, was recorded on 05.07.2012 i.e. after 50 days of the alleged incident and statement of Karan PW-12 was recorded on 28.05.2012 i.e. 10 days after the alleged incident.