RASHID @ SAJID Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. Siddhartha Sah, Advocate for the applicant and Mr. Amit Bhatt, Addl. GA for the State.

(2.) IN brief, the prosecution case is that on 27.11.2006 at 9.30 pm, an FIR was lodged by Ahmad Shekh with the averments that his brother Sakhar @ Sonu Sekh owned a jewelry shop, viz, JD Jewelers at Tea Estate Banjarawala, Dehradun. As usual, he was coming today (27.11.2006) to his house after closing his shop then at about 7.45 pm when he reached ahead of Bengali Kothi at Mothorwala Road, four persons chased him and after snatching his blue coloured bag, they shot his brother in his back. He was brought to Doon hospital and now his treatment is going on in CMI. The aforesaid bag contained gold, silver and Rs. 800/ - cash. FIR was lodged against four unknown persons. During the course of investigation, the name of the applicant came into light. Looted articles were also recovered and the same were identified by the complainant before the Magistrate on 6.6.2007. On the same day i.e. on 6.6.2007, the applicant was also identified by the eyewitnesses during the T.I.P. conducted at District Jail, Dehradun.

(3.) OPPOSING the bail application of the accused applicant, learned Addl. GA for the State argued that the Investigation Officer has collected sufficient credible evidence against the accused applicant. He further submitted that the victim Sakhar @ Sonu Sekh died subsequently because of the injuries sustained by him in the said incident and, therefore, the case was converted under Section 302 IPC. He further submitted that some looted articles were recovered from the possession of the applicant and he has also been identified by the eyewitnesses of the incident. He further argued that the trial has commenced and prosecution witness evidence is in progress. He also submitted that the applicant is a habitual offender and he is involved in a number of crimes in Uttar Pradesh and Uttarakhand and the following cases are registered against him: