Regular bail sought under Section 439 CrPC in a 2016 murder case where trial remains incomplete after six years. The court held that serious allegations against the petitioner and a key witness yet to be examined outweighed prolonged incarceration, dismissed bail but directed expeditious completion of trial within eight months.
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STATE NCT OF DELHI .....Respondent Through: Ms. Priyanka Dalal, APP for State and Insp. Chetan Singh, PS Khyala, Delhi and IO/Insp. Rajni Chopra.
CORAM:
HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
O R D E R % 01.10.2024
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 07/10/2024 at 15:46:11
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 07/10/2024 at 15:46:11
petitioner.
The law in regard to grant or refusal of bail is very well settled. The court granting bail should exercise its discretion in a judicious manner and not as a matter of course. Though at the stage of granting bail a detailed examination of evidence and elaborate documentation of the
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 07/10/2024 at 15:46:11
merit of the case need not be undertaken, there is a need to indicate in such orders reasons for prima facie concluding why bail was being granted particularly where the accused is charged of having committed a serious offence. Any order devoid of such reasons would suffer from non-application of mind. It is also necessary for the court granting bail to consider among other circumstances, the following factors also before granting bail; they are:
( a ) The nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence.
( b ) Reasonable apprehension of tampering with the witness or apprehension of threat to the complainant.
( c ) Prima facie satisfaction of the court in support of the charge.
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 07/10/2024 at 15:46:11
of 48 witnesses have been examined. Learned Trial Court is directed to give the block dates for recording the testimony of prosecution witnesses and all endeavour be made to conclude the trial within the period of 08 months. However, I consider that the case for bail is not made out. Hence, the present bail application stands dismissed.
DINESH KUMAR SHARMA, J
OCTOBER 1, 2024/AR/DG..
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 07/10/2024 at 15:46:11
1 issue framed by the court
Whether the petitioner, in custody over six years with only 13 of 48 witnesses examined, is entitled to regular bail for murder charges.
Colour shows how this judgement treated each authority
Kalyan Chandra Sarkar v. Rajesh RajanRelied on¶7
(2004) 7 SCC 528 · Who else cites this
2 provisions across 2 enactments
Pankaj Kumar
State NCT of Delhi
Dinesh Kumar Sharma
As recorded by the court registry
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