Raj Kumar @ Raju v. State (NCT Of Delhi)
$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 1007/2018 RAJ KUMAR @ RAJU ..... Petitioner Represented by:
Mr. Hitesh Bhardwaj, Mr.
Jaspal Singh and Mohd. Faiz, Advocates.
versus STATE (NCT OF DELHI) ..... Respondent Represented by:
Ms. Rajni Gupta, APP with SI Bharat, PS Subzi Mandi.
Mr. Siddhartha Nanwal, Advocate for complainant.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
O R D E R
% 20.08.2018 By this petition, the petitioner seeks bail in case FIR No. 182/2017 under Section 307 IPC and 25/27 Arms Act registered at PS Subzi Mandi, Delhi.
The allegations against the petitioner herein are based on the complaint of injured Sonu who was admitted in Hindu Rao Hospital on 25th July, 2017 with alleged history of assault by the bullet injury at Roshanara Road at around 7:30 PM. During the course of investigation, the pistol recovered and fired cartridge recovered from the spot were sent to the FSL which opined that the cartridge was fired from the Katta recovered from the petitioner.
Further the status report encloses the list of involvements of the petitioner who besides the present FIR is involved in 14 cases. BAIL APPLN. 1007/2018
Learned counsel for the petitioner states that out of the three cases under Section 307 IPC one has already been quashed. Learned counsel for the petitioner pointed out that though charge sheet was filed in November, 2017, however, till date the Trial could not proceed as the sanction had not been granted by the Competent Authority. Learned APP for the State submits that sanction has now been granted by the concerned DCP and the delay was due to the fact that the FSL report was not received.
Considering the nature of evidence which has come on record as also the previous conduct of the petitioner this Court finds no ground to grant bail to the petitioner. However, as the trial has not proceeded for the last 9 months despite charge sheet having been filed for want of sanction, the learned Trial Court is directed to expedite the trial and examine the material witnesses as expeditiously as possible.
Petition is dismissed.
Copy of this order be communicated to the learned Trial Court. MUKTA GUPTA, J.
AUGUST 20, 2018 'yo'
BAIL APPLN. 1007/2018