Nadeem Khan @ Mulla v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1967/2019 NADEEM KHAN @ MULLA ..... Petitioner Through Mr Amit Gautam, Mr Lugmaon Hasan, Mr Rahul Kr. Singh, Mr Shoaib Akhtar, Advocates.

versus STATE ..... Respondent Through Mr Amit Gupta, APP for State.

Insp. Kanchan, P.S. Geeta Colony preent.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.01.2020 1.

The petitioner has filed the present petition seeking bail in connection with FIR No. 216/2014 under Sections 302/34 of the IPC and Sections 25/27 of the Arms Act, 1959 registered with PS Geeta Colony. 2.

The said FIR was registered in respect of an incident that had occurred on 02.04.2014. The petitioner was arrested on 03.04.2014 and a chargesheet was filed on 26.04.2014. The petitioner has been in custody for the past almost six years. Undisputedly, the allegations against the petitioner are grave.

3.

It is alleged that the deceased had some dispute over monetary transactions with the petitioner. There were some heated arguments prior to the incident and pursuant to the intervention of one Ms Kajol (a friend of the deceased), a meeting was scheduled on 01.04.2014 at her residence. It is

alleged that the deceased was taken away from the residence of Ms Kajol by the petitioner on a scooty. It is alleged that, thereafter, the petitioner, along with two other persons, had murdered the deceased. 4.

The status report indicates that out of thirty witnesses, nineteen witnesses have already been examined. This includes all material witnesses. Further, eleven witnesses who have to be examined also includes one eye witness (Ms Kajol). However, the Trial Court had declined the Investigating Officer's request for further time to examine her. 5.

Thus, as of date only ten further witnesses are required to be examined. They are all official witnesses and recording of evidence is now scheduled on 06.02.2020.

6.

Considering the circumstances of this case, this Court does not consider it apposite to allow the present petition. However, this Court considers it necessary to direct the Trial Court to complete the trial as expeditiously as possible and in any event, within a period of three months from the next month of February, 2020. It is so directed. 7.

The petitioner is granted liberty to apply in the event the trial is not concluded as directed. The petitioner is also granted liberty to file an interim bail application before the Trial Court.

8.

The petition is disposed of.

VIBHU BAKHRU, J JANUARY 17, 2020 pkv