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High Court of DelhiBAIL APPLN./2322/2017

Kapil Panwar v. The State Govt Of NCT Of Delhi

2017-12-12Hon'Ble Mr. Justice A.K. Pathak2 pages

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ BAIL APPLN. 2322/2017 KAPIL PANWAR ..... Petitioner Through:

Mr. A.K. Sharma and Ms. Monika Sharma, Advs.

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

Mr. G.M. Farooqui, APP with Insp.

Anil Malik, P.S. Greater Kailash.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.12.2017 Learned counsel for the petitioner submits that all the eye witnesses have already been examined and they have not identified the petitioner as the assailant.

Learned APP submits that petitioner got recovered a pistol which he had used in shooting the deceased.

During the post-mortem bullet was recovered from the dead body. The said bullet and the pistol were sent to FSL and as per the FSL report, the bullet recovered from the dead body was fired from the pistol, which petitioner got recovered. Learned counsel for the petitioner submits that the pistol was not got recovered by the petitioner. It was planted by the police. Public witness to the recovery has already been examined and has not supported the

prosecution case.

Learned APP submits that other recovery witnesses have yet to be examined. Learned counsel for the petitioner submits that these witnesses are police officials but the fact remains that public witness has not supported prosecution.

Keeping in mind the totality of the facts and circumstances of this case, petitioner is admitted to bail subject to his furnishing a personal bond in the sum of `25,000/- with one surety in the like amount to the satisfaction of the trial court.

Bail application is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

DECEMBER 12, 2017 ga