Shiekh Sanwar v. The State ( Govt Of NCT Of Delhi)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 1676/2015 SHIEKH SANWAR ..... Petitioner Through:

Mr.Hirendra Kumar and Mr.Bishnu Kumar, Advocates.

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

Ms.Alpana Pandey, APP.

SI Sandeep Singh, P.S.Model Town.

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 11.12.2015 The petitioner seeks bail in connection with FIR No.436/2011 (P.S.Model Town) instituted for offences under Sections 395/397/412/120/34 IPC. He is in custody since 19.11.2011. In the first information report, it has been alleged by the informant that in the absence of her daughter who stays abroad, three persons scaled over the wall of the house and took away gold ornaments and cash amounting to Rs.35,000/-. The aforesaid FIR was registered on 17.11.2011. It is submitted on behalf of the petitioner that he was arrested on 19.11.2011 and that also from his house. It is further submitted that one Sheikh Abbas, another co-accused has been granted bail by a bench of this Court on 09.02.2015. Another accused namely Sheikh Ali has also been released on bail, though on medical grounds.

After the submission of the chargesheet, charges have been framed against the petitioner and other accused persons. In the trial, uptil now 11 witnesses have been examined. Only three witnesses are left to be examined. Be that as it may, considering the nature of accusation, period of custody of the petitioner and the fact that there is still some time left for the trial to be concluded, this Court is inclined to release the petitioner on bail. The petitioner is directed to be released on bail on his furnishing a bond in the sum of Rs.10,000/- with two sureties of like amount to the satisfaction of the Trial Court.

The petitioner shall participate in the trial and if he absents himself for three consecutive occasions, without reasonable cause, it would be open for the Trial Court to have his bail bonds cancelled. The Trial Court shall, in that event, take steps for taking the petitioner in custody forthwith. Application stands disposed of.

Dasti.

ASHUTOSH KUMAR, J DECEMBER 11, 2015 k