Imran v. State (NCT)Of Delhi

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 578/2018 IMRAN ..... Petitioner Through:

Mr.

B.S.

Chowdhary and Mr.

Yogendra Singh, Advs.

versus STATE (NCT)OF DELHI ..... Respondent Through:

Ms. Meenakshi Dahiya, APP with Insp. Subhash Kumar, P.S. Sonia Vihar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.03.2018 Learned counsel for the petitioner submits that there is no clinching evidence against the petitioner to indicate his culpability in the murder of the deceased.

Learned APP submits that petitioner got the purse of deceased recovered pursuant to his disclosure statement. Learned counsel for the petitioner contends that recovery of purse is not material in this case as identification of purse by PW5 is not legal and has to be disbelieved, which is evident from a perusal of cross-examination of PW5. I am of the view that statement of PW5 cannot be scrutinized in detail at this stage and disbelieved. The same has to be sifted and weighed at the time of disposal of the case. In his statement, PW5 has identified the purse

to be of his brother.

Keeping in view the totality of the facts and circumstances of this case, I do not find it to be a fit case to grant bail to petitioner. Bail application is dismissed.

Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

MARCH 14, 2018 ga