SANJIV NANDA Vs. STATE

JUDGEMENT

(1.) By filing the present petition under Section 439, Cr.P.C. the petitioner who is facing trial under Sections. 304, Part 1/308/201/34, IPC, seeks his release on bail.

(2.) In the shocking incident which took place in the intervening night of 9th/10th January, 1999 at about 4.30 a.m. in front of Car Care Centre petrol pump at Lodhi Road six persons were killed and one sustained grievous injuries. It is alleged by the prosecution that on receipt of a copy of D.D. No. 27A dated 10.1.1999 SI Kailash Chander reached the said place of occurrence and there he found Ram Raj, Rajan Kumar and one more person who later on came to be identified as Gulab, lying dead. He was informed that four persons who were also injured had been taken to hospital in a PCR van. On the spot SI Kailash Chander also found a bumper, rear view mirror and pieces of glass of a black car lying scattered in an area of about 100/125 feet in addition to a broken number plate. On joining the various pieces of the number plate M-312-LYP Park Lane BMW was found written thereon. In the meantime Inspector Jagdish Pandey posted in PCR on being apprised about the incident too reached the place of occurrence. He noticed trail of oil at the spot and on following, the same was found continuing upto House No. 50, Golf Links, New Delhi. On enquiry, it was revealed that this house belonged to Rajiv Gupta, co-accused. A BMW vehicle of black colour in damaged condition without a number plate was found parked inside the said house by Inspector Jagdish Pandey. After the registration of FIR No. 17/99 on the basis of Rukka sent by SI Kailash Chander, broken number plate etc. lying scattered at the spot were seized vide a memo by the said SI. The said vehicle was also seized by him vide a separte memo on 10th January, 1999. It is further alleged that the petitioner and five co-accused were arrested on 10th January, 1999 itself. MLC of the petitioner in respect of the injuries on his person was prepared at All India Institute of Medical Sciences. One woollen sweater and a pant having blood stains handed over by the petitioner were seized vide a separte memo on 11th January, 1999. Stains of blood lifted from the steering of the said vehicle on 11th January, 1999 and the other material exhibits were sent to FSL for opinion. Out of the four injured, Nashir, Mehdi Hassan and Peru Lal succumbed to their injuries in the hospital later on.

(3.) Manoj Malik, surviving injured, Hari Shankar Yadav and Sunil Kulkarni are alleged to be the eye witnesses of the occurrence. It is claimed by the prosecution that the said vehicle was being driven by the petitioner and co-accused Manik Kapoor was sitting with him on the front seat at the time the occurrence took place and both of them had come out of the vehicle for a short while after it had stopped after colliding against the central verge of the road and at that point of time Sunil Kulkarni and Hari Shankar Yadav happened to identify them.