Shakiluddin v. State (Govt Of NCT Of Delhi)
$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2549/2017 SHAKILUDDIN ..... Petitioner Through:
Mr. Vijay Kinger & Ms. Roopa Nagpal, Advocates.
versus STATE (GOVT OF NCT OF DELHI) ..... Respondent Through:
Mr. Ashish Dutta, APP for State with ASI Virendra Kumar, PS Jafrabad.
CORAM:
HON'BLE MS. JUSTICE ANU MALHOTRA
O R D E R
% 08.01.2018 Pursuant to the directions dated 12.12.2017, it has been submitted on behalf of the State that the applicant has joined the investigation of the case. The status report in terms of order dated 12.12.2017 has already been submitted by the State dated 18.12.2017 signed by SHO, PS Jafrabad in which the applicant is stated to have been released on bail in 7 cases, discharged in one case and acquitted in 10 cases. As per allegations levelled in the FIR, the applicant is alleged to have committed offences punishable under Sections 392/384/506 of the IPC, 1860 and of having made alleged demands of money from people living in his locality and on the complainant having refused to oblige the applicant, he is stated to have had a scuffle with him and looted him of a sum of Rs. 4,500/- from him.
The FIR itself indicates that the applicant allegedly thereafter
deliberately injured himself by hitting his head against the pole to show that he had been injured whereas the injuries sustained by the applicant are self inflicted injuries.
As per averments made in the application, it has been submitted on behalf of the applicant that he has been falsely implicated in the present case and that infact, the applicant had been got beaten by the complainant and his associates and thus had been taken to the Jag Pravesh Chandra Hospital and MLC no. 18410/17 had been prepared. The said MLC shows a lacerated wound over scalp, multiple contusions over right side of abdomen and abraisons over ventral surface of the left forearm. It had been submitted on 12.12.2017 on behalf of the State that the medical opinion had been sought from the Suprintendent of the Jag Pravesh Chandra Hospital on the aspect as to whether the injuries sustained by the applicant are self inflicted or had been caused by any other person and the result in relation thereto was awaited.
The result of the said medical opinion has been received and put up by the State today as per which it has been opined to the effect that "the injury may be self inflicted or may have been caused by other". The copy of the MLC be submitted by the State on the record. Without any observation, on the merits or demerits of the case and the averments made in the FIR, taking into account the medical opinion given that the injuries sustained by the applicant may have been self inflicted or may have been caused by any other person and the submissions made on behalf of the applicant that he was assaulted by the complainant and his associates and the factum that the applicant has either been released on bail or acquitted or discharged in the 19 cases in which he is stated to be
involved, the applicant is thus, allowed to be released on bail in the event of arrest on his furnishing a bail bond in the sum of Rs. 50,000/- with two sureties of like amount to the satisfaction of the learned Trial Court, subject to the conditions that the applicant shall not leave the country, shall not intimidate the witnesses, shall not tamper with the evidence and shall not commit any offence whatsoever.
In the event of any further Kalandra or any FIR being registered against the petitioner, the State would bring it to the notice of the Court forthwith.
The copy of the order be given Dasti, as prayed under the signatures of the Court Master.
ANU MALHOTRA, J JANUARY 08, 2018 Neha Chopra