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$-8&9 HIGH COURT OF DELHI
BAIL APPLN. 1071/2017
SWAMI SINGH @ SHYAMI SINGH .....Petitioner
Through: Mr. Satya Pal, Adv.
BAIL APPLN. 1071/2017
SWAMI SINGH @ SHYAMI SINGH .....Petitioner
Through: Mr. Satya Pal, Adv.
VERSUS
STATE NCT OF DELHI Respondent
Through: Mr. Amit Gupta, APP for State with ASI V. Singh, P.S. Karawal Nagar.
Through: Mr. Amit Gupta, APP for State with ASI V. Singh, P.S. Karawal Nagar.
BAIL APPLN. 1121/2017
JAI SINGH Petitioner
Through: Mr. Satya Pal, Adv.
JAI SINGH Petitioner
Through: Mr. Satya Pal, Adv.
VERSUS
STATE NCT OF DELHI Respondent
Through: Mr. G.M. Farooqui, APP for State with ASI V. Singh, P.S. Karawal
Nagar.
Through: Mr. G.M. Farooqui, APP for State with ASI V. Singh, P.S. Karawal
Nagar.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
03.08.2017 Learned counsel for the petitioners submits that there are general allegations levelled in the FIR, No specific role has been assigned to the petitioner. Co-accused persons have already been granted anticipatory bail by a Bench of coordinate jurisdiction, therefore, petitioners may also be given benefit of anticipatory bail.
Learned APP has opposed the bail applications. It is submitted that
2017:DHC:8447 r there is a property dispute between the petitioners and complainant.
Petitioners have been specifically named in the FIR that they were trying to take forcible possession of the disputed plot. It is further submitted that petitioners, along with the other co-accused persons, attacked the complainant with lathis and sarias (iron rods) due to which complainant sustained injuries on his head. It is further submitted that petitioner-Jai Sigh had also filed an application for anticipatory bail earlier which was taken up by a Bench of coordinate jurisdiction. However, the said application was withdrawn by the petitioner-Jai Singh after making a statement that he would surrender and thereafter, apply for regular bail. Learned APP further submits that dandas and iron rods, which were used in the crime, are to be recovered.
ID Keeping in mind the serious allegations, I am not inclined to extend the benefit of anticipatory bail to the petitioners.
Both the bail applications are dismissed. Miscellaneous applications are disposed of as infructuous.
A.K. PHAK, J.
AUGUST 03, 2017 ga 2017:DHC:8447
03.08.2017 Learned counsel for the petitioners submits that there are general allegations levelled in the FIR, No specific role has been assigned to the petitioner. Co-accused persons have already been granted anticipatory bail by a Bench of coordinate jurisdiction, therefore, petitioners may also be given benefit of anticipatory bail.
Learned APP has opposed the bail applications. It is submitted that
2017:DHC:8447 r there is a property dispute between the petitioners and complainant.
Petitioners have been specifically named in the FIR that they were trying to take forcible possession of the disputed plot. It is further submitted that petitioners, along with the other co-accused persons, attacked the complainant with lathis and sarias (iron rods) due to which complainant sustained injuries on his head. It is further submitted that petitioner-Jai Sigh had also filed an application for anticipatory bail earlier which was taken up by a Bench of coordinate jurisdiction. However, the said application was withdrawn by the petitioner-Jai Singh after making a statement that he would surrender and thereafter, apply for regular bail. Learned APP further submits that dandas and iron rods, which were used in the crime, are to be recovered.
ID Keeping in mind the serious allegations, I am not inclined to extend the benefit of anticipatory bail to the petitioners.
Both the bail applications are dismissed. Miscellaneous applications are disposed of as infructuous.
A.K. PHAK, J.
AUGUST 03, 2017 ga 2017:DHC:8447
JUDGMENT