Delhi District Court
State vs . Pintoo Biswas on 15 February, 2012
IN THE COURT OF DR. T. R. NAVAL, ADDITIONAL SESSIONS
JUDGE-02, EAST DISTRICT, KARKARDOOMA COURTS, DELHI
SC NO. 09/10
FIR NO.473/08
U/s 302/380/120-B/411/34 IPC
PS Shakarpur
State Vs. Pintoo Biswas
ORDER
This order will dispose off a bail application dated 10.02.2012 for releasing the accused Manoj Shah on bail.
2. I have heard arguments on the bail application and perused file.
3. It has been argued on behalf of counsel for accused that accused Manoj Shah may be released on bail as his father Sh. Manav Shah is suffering from lever abscess and he has to be operated upon and no one is there in the family to look after him. Most of the prosecution witnesses have been examined and cross examined. There is no apprehension of tempering of evidence. Accused has been languishing in jail for the last three years and accused/applicant is ready to furnish reliable surety to the satisfaction of the court.
4. On the other hand, Ld. Addl. P.P. for the state opposed the bail application on the ground that his previous bail application was dismissed on 11.07.2011. No new ground has arisen. Accused is facing trial of a heinous crime SC No. 09/10 State vs. Pintoo Biswas Page No. 1/2 of murder etc., Ld. Additional P.P. prayed for dismissal of bail application.
5. On perusal of file, I find that this court vide order dated 11.07.2011 had dismissed the bail application of accused Manoj Shah alongwith bail application of another accused Pintoo Biswas. In the present case out of 35 cited witnesses statement of 30 witnesses have already been recorded. Examination in chief of 31 witnesses has already been recorded. Cross examination was deferred at the request of Ld. Defence Counsel. Very few witnesses are yet to be examined. The conclusion of trial is not going to take much time. There is substantial evidence against the accused for commission of murder of Smt. Sushmita Dev. No medical record alongwith application regarding illness of his father has been filed. Evidence is not required to be assessed meticulously at this stage.
6. In view the reasons mentioned in my earlier order dated 11.07.2011 and further that no new ground has arisen and keeping in view the fact and circumstances of the case and gravity of offence in which accused is facing trial I am of the view that accused Manoj Shah is not entitled to be released on bail. Therefore, bail application is dismissed. Announced in the Open Court on 15.02.2012 (DR. T. R. NAVAL) Additional Sessions Judge-02,East Karkardooma Courts, Delhi SC No. 09/10 State vs. Pintoo Biswas Page No. 2/2