Deepak v. State Of NCT Of Delhi
$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + DEEPAK ..... Petitioner Through:
Mr.Jayant K.Sud, Sr.Advocate with Mr.Honey Khanna, Mr.Manish Lamba & Ms.Vaishali Soni, Advs.
versus STATE OF NCT OF DELHI ..... Respondent Through:
Mr.Kewal Singh Ahuja, APP for the State with SI Anurag PS Mehrauli
CORAM:
HON'BLE MS. JUSTICE PRATIBHA RANI
O R D E R
% 31.07.2017 CRL.M.A.12247/2017 Exemption allowed, subject to all just exceptions. Application stands disposed of.
1.
By way of this application filed under Section 439 Cr.P.C., the petitioner is seeking regular bail in case FIR No. 448/2017, under Section 307 IPC & Sections 24/27/54/59 of Arms Act, registered at PS Mehrauli, Delhi.
2.
Notice. Mr.Kewal Singh Ahuja, APP for the State accepts notice and furnishes the status report which is to the following effect:-
"......... During investigation the crime scene inspected statement of the eye witnesses were recorded. The statement of the complainant was also recorded who stated that he and the accused along with other friends was playing card at the scene of crime and doing party at that place. The accused Deepak S/o Narender lost some money in the game and he was not paying hm. In anger Deepak S/o Munnilal took out his pistol and fired on the accused Deepak but the bullet hit the wall. He again fired the bullet and it hit the accused Deepak. Deepak somehow tried to stop him and caught hold of his pistol and at the same time he again fired one more bullet which hit the accused Deepak in his hand. Both have started fighting physically. In this fight accused Deepak snatched the pistol and fired one bullet on Deepak S/o Munnilal.
Deepak S/o Munnilal started running from there but accused Deepak chased him in the gallery of the scene of crime and fired bullet on him. Thereafter the no bullet left in the pistol then Accused Deepak came to police station with pistol and handed it over to Duty officer in PS Mehrauli. Then he got admitted in Fortis Hospital. The accused of FIR No.447/17 i.e. Deepak S/o Munnilal has already been arrested and is in judicial custody. Accused Deepak S/o Narender R/o HN 148 Ward No 2 Mehrauli was arrested on 23/7/17 at IRENE hospital Kalkaji Delhi. On 24/7/17 he was remained for judicial custody for 14 days................."
3.
Considering the fact that even as on date the petitioner is admitted in Irene Hospital Kalkaji, Delhi, he is granted interim bail for a period of six weeks from the date of his release subject to his furnishing personal bond in the sum of `50,000/- with one surety in the like amount to the satisfaction of the concerned trial Court and subject to following conditions : (i) The Petitioner shall not leave the country without the permission of the Court.
(ii) During the pendency of the trial, the Petitioner shall not contact the Complainant or other public witnesses in any manner whatsoever. 4.
Application stands disposed in the above terms. 5.
The Appellant is directed to surrender before the Jail Authorities after expiry of six weeks.
6.
A copy of this order be sent to the concerned Jail Superintendent for information.
Order dasti.
PRATIBHA RANI, J.
JULY 31, 2017 'pg'