STATE OF MANIPUR Vs. VIKAS YADAV

JUDGEMENT

(1.) This Revision petition under Ss. 379 and 401 of the Code of Criminal Procedure, 1973 read with S. 483 and Art. 227 of the Constitution of India is directed against the order dated 15-5-99 passed by the learned District and Sessions Judge, Manipur East, Shri Th. Sudhir Singh (under suspension) in Cri. Misc. (Bail) case No. 34/99 in connection with FIR Case No. 287 Mehrauli, P. S. Delhi under Ss. 302, 212, 201, 120-B/34, IPC in exercise of power under S. 438 of the Code thereby granting pre-arrest bail to the accused/petitioner. At the outset, I must observe that in the note of Registry dated 20-9-99 it is indicated that the service report upon the respondent has been returned after duly served however, none appear on behalf of the respondent.

(2.) I have heard Mr. T. Nandakumar, learned Advocate General on behalf of the State of Manipur assisted by Mr. Mohendro.

(3.) Facts giving rise to the filing of the present revision petition is interesting and worth to be noted briefly. It is stated that on 30-4-99 the respondent along with 3 (three) other accused went to Tamarind Cafe of Kutub Collonade, Delhi in which the deceased Ms. Jessica Lal worked as a Bar Attendant. A firing incident took place resulting the death of Ms. Jessica Lal involving the respondent and 3 accused. It is stated that immediately after the occurrence the respondent along with 2 accused ran away from the place of occurrence by driving Tata Slerra bearing registration No. MP-04-V-2634. Mehrauli Police Station Delhi registered a case being FIR Case No. 287/99 under Ss. 302, 212, 201, 120-B and 34, IPC (popularly known as Jessica Lal murdered case). In course of investigation accused Manu Sharma was arrested on 6-5-1999 and accused Amardeep Singh Gill alias Tony and Alik Khanna was arrested on 5-5-99. On their being interrogated, it has come to light that the present respondent along with 3 accused were responsible in killing Jessica Lal on the fateful day. However, the respondent could not be apprehended as he was absconding. It appears from the police report that the present respondent also filed an application dated 15-5-99 under S. 438 of the Code praying for pre-arrest bail before the Court of Additional District and Sessions Judge, New Delhi, subsequently withdrawn on 17-5-99. On 15-5-99 respondent also filed a Bail Application registered as Criminal Misc. (B) Case No. 34/99 under S. 438 of the Code for granting pre-arrest bail before the Court of District and Sessions Judge, Manipur East stating inter alia that he is running a business at Thangal Bazar and also residing at Thangal Bazar which subsequently proved to be false. By the impugned order dated 15-5-99, the learned District and Sessions Judge, Manipur East Shri Th. Sudhir Singh (under suspension) granted pre-arrest bail for a period of 2 (two) months, Hence the petition.