Delhi High Court - Orders
Sahil Alias Senky vs State Through Sho Ps Karol Bagh on 19 December, 2023
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 3252/2023
SAHIL ALIAS SENKY ..... Applicant
Through: Mr. Harsh Vardhan Sharma,
Advocate through VC.
versus
STATE THROUGH SHO PS KAROL BAGH ..... Respondent
Through: Mr. Ajay Vikram Singh, APP for
the State with Inspector Naveen
Kumar, PS. Karol Bagh
CORAM:
HON'BLE MR. JUSTICE SAURABH BANERJEE
ORDER
% 19.12.2023
1. The applicant, vide the present application under Section 439 of the Code of Criminal Procedure, 1973, seeks regular bail in FIR No.117/2017 dated 30.04.2017 registered under Sections 302/394/397/411/414/120B/ 34/201 of the Indian Penal Code, 1860 at PS.: Karol Bagh, Delhi.
2. As per FIR, the complainant, after returning to the office of the deceased, where the complainant worked, knocked on the door and two men standing at the door, opened the door, who tied him to a chair nearby. The complainant also saw other men standing in the chamber of the deceased. Later, the assailants left the scene of crime. Thereafter, the complainant cried for help from the window and Police was informed. The doors were opened and the complainant went into the chamber of the deceased, where he saw the body lying next to the table with his hands and legs tied and a puddle of blood on the floor near his head. Subsequently, on a complaint made by the complainant, the present FIR came to be BAIL APPLN. 3252/2023 Page 1 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2023 at 00:11:30 registered.
3. Learned counsel for the applicant submits that the applicant has been continuously languishing in jail since 23.05.2017. He further submits that the applicant has been falsely implicated in the present case as the complainant failed to identify the applicant in the judicial test identification parade. He also submits that the chargesheet, both, supplementary and main, having been filed, his continued incarceration will not serve any purpose, especially, in light of the slow-paced trial, where only 8-9 witnesses out of a total 51 witnesses have been examined. He also submits that the applicant is not seen in the CCTV footage, thereby, not establishing presence of the applicant at the scene of crime.
4. Notice was issued and Status Report was called for.
5. Learned APP appearing for the State opposes the application in light of the heinousness of the offence and the severity of punishment. He submits that a gold chain and a motorcycle, used in the crime, were recovered from the possession of the applicant, portraying his inextricable links to the offence. He further submits that the testimony of the complainant, the main witness, is only partly recorded and release of the applicant would be detrimental to the interests of justice.
6. This Court has heard the learned counsel for the applicant and the learned APP for the State and perused the Status Report as also the other documents on record.
7. Nominal Roll was also requisitioned. As per the Nominal Roll, the applicant has 'Un-satisfactory' jail conduct and has been in continuous judicial custody since 23.05.2017.
8. The facts reveal that though it is the case of the prosecution that a BAIL APPLN. 3252/2023 Page 2 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2023 at 00:11:30 gold necklace has been recovered from the house of the applicant, however, there are no eye-witnesses qua that. Interestingly, the same is the situation with the motorcycle recovered from the applicant. Even otherwise, the same is a matter of trial and cannot be a reason or act as an impediment for this Court to proceed for granting bail to the applicant at this stage.
9. As on date, merely 8 witnesses have been examined out of the total list comprising of 53 witnesses in the last 5 years after framing of charges. Thus, it can be easily deduced that as per the prevalent position, the trial proceedings are likely to continue for long and the applicant will end up languishing behind bars for all the while during the said period. The same, in light of investigation being already completed, will serve no purpose. In fact, the same shall be detrimental to the fundamental rights of the accused guaranteed by Part III of the Constitution of India, more so, when the applicant is yet to be proven guilty of the offences involved in the present FIR. This Court finds able support from various pronouncements of this Court and the Hon'ble Supreme Court as well [Re.: Hussainara Khatoon & Ors vs. Home Secretary, State of Bihar (1980) 1 SCC 81; Satender Kumar Antil vs. Central Bureau of Investigation (2022) 10 SCC 51].
10. Additionally, this Court finds that the principle of law qua the liberty guaranteed by Part III of the Constitution of India would cover within its protective ambit not only due procedure and fairness but also access to justice and a speedy trial [Re.: Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) vs. Union of India (1994) 6 SCC 731].
11. Taking a holistic view of all the aforesaid factual position on hand BAIL APPLN. 3252/2023 Page 3 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2023 at 00:11:31 and the legal position as on date, the applicant has made out a case in the present application for being released on bail.
12. Accordingly, the applicant is directed to be released on regular bail in FIR No.117/2017 dated 30.04.2017 under Sections 302/394/397/411/ 414/120B/34/201 of the Indian Penal Code, 1860 at PS.: Karol Bagh, Delhi on him furnishing a personal bond in the sum of Rs.50,000/- (Rupees Fifty thousand only) along with two sureties of the like amount by family member(s)/ friend(s) having no criminal case pending against them, subject to the satisfaction of the learned Trial Court, and further subject to the following conditions:
i. Applicant shall not leave Sonipat, Haryana without prior permission of this Court and shall ordinarily reside at the address as per prison records. If he wishes to change is residential address he shall immediately intimate about the same to the Jail Superintendent by way of an affidavit.
ii. Applicant shall surrender his passport to the Investigating Officer, within three days. If he does not possess the same, he shall file an affidavit before the I.O. to that effect within the stipulated time.
iii. Applicant shall appear before the Court as and when the matter is taken up for hearing.
iv. Applicant shall join investigation as and when called by the IO concerned. He shall not obstruct or hamper with the police investigation and shall not play mischief with the evidence collected or yet to be collected by the Police.BAIL APPLN. 3252/2023 Page 4 of 5
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2023 at 00:11:31 v. Applicant shall provide all his mobile numbers to the I.O. concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the I.O. concerned. The mobile location be kept on at all times.
vi. Applicant shall report to the I.O. at the concerned local Police Station once in the first week of every month unless leave of every such absence is obtained from the learned Trial Court. vii. Applicant shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the victim or any member of the victim's family or tamper with the evidence of the case or try to dissuade them from disclosing such facts to the Court or to any police officials.
13. Copy of this order be forwarded to the concerned Jail Superintendent.
14. Accordingly, the present application is allowed in the aforesaid terms.
15. Needless to say, the observations made, if any, are purely for the purposes of adjudication of the present application and shall not be construed as expressions on the merits of the matter.
SAURABH BANERJEE, J DECEMBER 19, 2023/akr BAIL APPLN. 3252/2023 Page 5 of 5 This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 21/12/2023 at 00:11:31