Delhi High Court - Orders
Sandeep @ Kali vs The State Of Nct Of Delhi on 28 September, 2020
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2734/2020
SANDEEP @ KALI ..... Petitioner
Through Mr Sumit Choudhary, Advocate.
versus
THE STATE OF NCT OF DELHI ..... Respondent
Through Ms Meenakshi Chauhan, APP for State.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 28.09.2020 [Hearing held through videoconferencing]
1. The petitioner has filed the present petition seeking bail in FIR No. 0048/2020, under Sections 306/34 of the IPC, registered with PS North Rohini, North West District.
2. The said FIR was registered pursuant to information received at 11.08 a.m., on 02.02.2020, from the brother of the deceased. He had stated that he could see his brother hanging from a ceiling fan. It is also alleged that a suicide note had been scribbled on the wall of the room, where the body of the deceased was found.
3. The status report has been filed, which also encloses photographs of the crime scene. The photographs indicate that the deceased is found hanging from the ceiling fan by a chain, however, his legs folded at his knees are resting on a table. Clearly, it does not seem possible for the Signature Not Verified Signed By:DUSHYANT RAWAL Location: Signing Date:28.09.2020 23:29:26 deceased to have hung himself while still resting his knees on the table. It is also seen that his wrist is injured but no blood was found in the room. It does appear that the investigation conducted by the concerned IO has not examined the relevant material.
4. This Court is of the view that in the given circumstances the investigation of this case is required to be transferred from PS North Rohini to Crime Branch. The Commissioner of Police is directed to forthwith ensure that the investigation and all further proceedings relating thereto, are transferred to the Crime Branch. The Crime Branch shall conduct further investigation as expeditiously as possible and if necessary, it may file a supplementary charge sheet after conducting further investigation.
5. In view of the above order, the learned counsel appearing for the petitioner seeks to withdraw the present petition with liberty to file afresh at a later stage.
6. The petition is dismissed as withdrawn with the aforesaid liberty.
VIBHU BAKHRU, J SEPTEMBER 28, 2020 pkv Signature Not Verified Signed By:DUSHYANT RAWAL Location: Signing Date:28.09.2020 23:29:26