Jaffar v. State (NCT Of Delhi)
$~13 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 924/2017 JAFFAR ..... Petitioner Through Mr. Shahid Ali with Mr. Anwar Khalil, Advs.
versus STATE (NCT OF DELHI) ..... Respondent Through Mr. Ashish Dutta, APP.
Mr. Anil. K. Aggarwal, Adv. with Md. Imteyaz, Adv. for victim/Chetan Prakash Sharma
CORAM:
HON'BLE MR. JUSTICE ASHUTOSH KUMAR
O R D E R
% 16.08.2017 This matter has been taken up today as 14.08.2017 was declared a holiday on account of Janmashtami.
The petitioner seeks bail in connection with FIR No.544/2015 dated 25.04.2015 (P.S. Dabri) instituted for offences under Sections 307, 429 and 120B & 34 of the IPC and Section 27 of the Arms Act. At the outset, it has been submitted on behalf of the petitioner that his prayer for bail was earlier rejected by a reasoned order dated 29.02.2016. The petitioner is said to have been arrested on the disclosure of a coaccused. One Chetan Prakash Sharma was injured in the occurrence when somebody had shot at him.
Not only him, but his dog was also injured which later died. The name of the petitioner transpired in the statement of
co-accused Naveen Kumar.
It has also been submitted that from the possession of the petitioner two pistols and one stolen motorcycle were recovered. The petitioner is said to be in custody since 03.10.2015. It has also been submitted that charge sheet has not been submitted in this case. On query from the State counsel, this court has been informed that there are only two cases against the petitioner, and those cases are under Arms Act.
Regard being had to the aforesaid facts, namely, the period of custody of the petitioner; the fact that the charges have not yet been framed and the arrest of the petitioner on the disclosure of the co-accused, this court is inclined to release the petitioner on bail.
Let the petitioner be released on bail on his furnishing a bond in the sum of Rs.10,000/- with one surety of the like amount to the satisfaction of the trial court.
The petitioner shall not involve himself in any criminal activity and should there be any attempt on his part to violate the law, it would be open to the informant of this case or the police to apply for cancellation of his bail before the Trial Court.
The bail application is disposed of accordingly. ASHUTOSH KUMAR, J AUGUST 16, 2017 ns