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High Court of DelhiBAIL APPLN./143/2018

Gurdeep Singh v. Govt Of NCT Of Delhi

2018-03-05Hon'Ble Ms. Justice Anu Malhotra2 pages

$~15 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 143/2018 GURDEEP SINGH ..... Petitioner Through:

Mr. Rajiv Nanda, Adv.

versus GOVT OF NCT OF DELHI ..... Respondent Through:

Mr. Panna Lal Sharma, APP for State with ASI Naresh Bhardwaj, PS Tilak Nagar.

CORAM:

HON'BLE MS. JUSTICE ANU MALHOTRA

O R D E R

% 05.03.2018 Status report on behalf of the State is on the record. On behalf of the applicant it has been submitted that the applicant even was not in possession of a weapon but was in possession only of a symbolic Kripan and that as per MLC of the injured it is indicated that the injured sustained an injury on the mid axillary line and the mid axillary line is towards the side as per the downloaded document from the internet and it has been submitted on behalf of the appellant that the provisions of Section 307 Indian Penal Code, 1860 would not be attracted in the instant case and further detention of the appellant would be punitive submitting to the effect that the applicant is in custody since 07.12.2017. On behalf of the applicant it has been submitted that the applicant is 29 years of age and there is no one to look after his family and there no previous adverse antecedents against the applicant.

However, on behalf of the State it has been submitted that the

charge-sheet has already been filed and the State vehemently opposes the prayer submitting to the effect that the allegations levelled against the applicant are serious and that the MLC of the injured indicates and it has been opined by the Doctor that the nature of the injuries sustained by the injured are dangerous for life. Without any observations on the merits or demerits of the case, a perusal of the MLC No. 17385 of DDU Hospital of the injured indicates that there are stab injuries over the chest and injuries on mid axillary line with incised would of 2.3 cm x 0.5 cm with the Doctor having opined that the nature of injuries were dangerous to life. In these circumstances, it is not considered appropriate to allow the application.

The application is disposed of.

ANU MALHOTRA, J MARCH 05, 2018 vm