Om Shivay @ Kallu vs State

Sanjeev Sachdeva, J

Petitioner seeks regular bail in FIR No.217/2008 under Sections 394/397/307/302/34 IPC read with Section 27 of the Arms Act, Police Station Defence Colony.

The allegations in the FIR are that the complainant was going on his motorcycle. When he was standing at a red light waiting for the light to turn green, two motorcycles came and blocked his passage. Two boys each sitting on the motorcycles came and asked him to hand over all valuables and they also demanded key of the motorcycle that he was riding. When he took out the key of the motorcycle, one of the boys took out a pistol and hit him with the butt of the pistol. It is alleged that when the said boys were fighting with the complainant, the deceased came on his scooter and intervened on which one of the boys fired at him with the pistol. The deceased subsequently succumbed to his injuries. It is alleged that the petitioner is one of the four who had fought with the complainant but not the one who had fired the weapon.

Learned Addl. PP submits that the complainant has been examined as PW18 and supported the case of the prosecution and identified the petitioner.

Learned counsel for the petitioner submits that the petitioner has already been in custody since 27.10.2008.

Without commenting on the merits of the case and on perusal of the record, I am not inclined to admit petitioner on bail considering the gravity of offence, nature of allegations and the stage at which the prosecution evidence has reached.

Keeping in view the totality of facts and circumstances of the case and also the fact that the petitioner has been in custody for over 10 years, the trial court is directed to expedite the recording of the prosecution evidence and endeavour to conclude the same on day-to-day basis. Since only official witnesses are remaining, trial court is directed to endeavour to conclude the same by 31.08.2019.

Petition is disposed of in the above terms.

Order Dasti under the signatures of the Court Master.

Copy of the order be also communicated to the trial court for compliance.