Naved v. State NCT Of Delhi
$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + NAVED .....Petitioner Through:
Mr. Nishank Tyagi, Adv.
versus STATE NCT OF DELHI .....Respondent Through:
Mr. Laksh Khanna, APP with SI Mahendra Patel, PS Narela
CORAM:
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
O R D E R
% 09.01.2025 1.
The present application is filed under Section 239 of the Criminal Procedure Code, 1973 (Cr.P.C.) seeking regular bail during the pendency of the original trial pending qua FIR No. 153/2022 registered under Sections 302, 506 and 34 of the Indian Penal Code, 1860 (IPC) at Police Station (PS) Narela.
2.
Learned APP for the State submits that three (3) material witnesses Rukma, Karan and Pappu all members of the same family are yet to be examined and the next date of hearing before the Trial Court is 28.02.2025. He states that the State will make an endeavour to ensure that the said witnesses are present on the said date.
3.
Learned counsel for the Petitioner states on instruction that the recording of evidence of the said material witnesses has been held up on The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
account of non-production of the Forensic Science Laboratory (FSL) report which is being awaited for the last three (3) years. He states that to expedite the trial, directions should be passed to the State for furnishing the FSL report before the next date of hearing to the Trial Court. 4.
Learned APP for the State submits that priority letter has already been issued by Deputy Commissioner of Police (DCP) to FSL for furnishing the FSL report.
5.
Keeping in view the facts noted hereinabove more specifically the fact that FSL report is awaited for last three (3) years the Director, FSL is directed to furnish the FSL report in FIR no. 153/2022, PS Narela Delhi within four (4) weeks.
6.
Learned counsel for the Petitioner states that in view of the aforesaid directions he seeks liberty to withdraw the present petition and to move an appropriate application for seeking bail after the evidence of the threematerial witness is recorded. He further states that he does not wish to press the petition on the merit and seeks liberty to withdraw the same. 7.
The prayer seeking relief for regular bail is dismissed as withdrawn with liberty reserved as prayed for. It is clarified that no observation made in this order is an expression of opinion on the merits of the relief sought for regular bail.
8.
The IO is directed to communicate this order to Director, FSL forthwith.
9.
With the aforesaid directions the petition stands disposed of. 10.
website of the Delhi High Court, www.delhihighcourt.nic.in, shall be treated as a certified copy of the order for the purpose of ensuring compliance. No The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
physical copy of order shall be insisted by any authority/entity or litigant. MANMEET PRITAM SINGH ARORA, J JANUARY 9, 2025/msh/sk Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.