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HIGH COURT OF DELHI
BAIL APPLN. 1143/2016
MOHD.YASEEN Represented by:
BAIL APPLN. 1143/2016
MOHD.YASEEN Represented by:
VERSUS
STATE OF NOT OF DELHI
BAIL APPLN. 1135/2016
CHAMANBHAI
CHAMANBHAI
VERSUS
STATE
(NOT OF DELHI)
Petitioner Mr.Sanjay Vemra,Mr.Sanjeev Singh,Ms.Neha, Advs.
Respondent Mr.Hirein Sharma,APP with Insp.Satish KumarPS Bhalswa
Dairy.
Petitioner Mr.Sanjay Vemra,Mr.Sanjeev Singh,Ms.Neha, Advs.
Respondent Mr.Hirein Sharma,APP with Insp.Satish KumarPS Bhalswa
Dairy.
(NOT OF DELHI)
Petitioner Mr.Sanjay Vemra,Mr.Sanjeev Singh,Ms.Neha, Advs.
Respondent Mr.Hirein Sharma,APP with Insp.Satish KumarPS Bhalswa
Dairy.
Petitioner Mr.Sanjay Vemra,Mr.Sanjeev Singh,Ms.Neha, Advs.
Respondent Mr.Hirein Sharma,APP with Insp.Satish KumarPS Bhalswa
Dairy.
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
16.12.2016 The petitioners are facing trial in case FIR No. 56/2013 under
Sections 302/201/34IPG registered atPS Bhalswa Dairy.
The case of the prosecution is that the petitioner along with his nephew committed the murder of his daughter Reshma and drowned the body in the Boat Club. No missing report was lodged by the petitioner and
BAIL APPLNs,1143/2016&1135/2016 page 1 of2 2016:DHC:8752 the FIR wasregistered only after a body was found atthe Boat Club with a stone tied withthehelpofashawl wrapped onthe body.
During the course ofinvestigation statements ofwitnesses oflastseen were recorded. During trial all the six public/ material witnesses have been examined and now only 15 formal witnesses remain to be examined. On a query raised,learned APP on instructions submitthatthe DNA profiling of the deceased could not reveal her identity as the same was putrified. Thus the only circumstance against the petitioner Mohd.Yaseen and his nephew
Chaman Bhai atthis stage is thatthey did notlodge a missing report ofthe girl,though she wasnotavailable attheresidenceforalongtime.
Be that as it may,withoutcommenting on the fact whetherthe same is sufficient to convict the petitioners for the offence of murder or not, it is sufficient to note that the petitioners have been in custody for more than three years and all material witnesses have been examined. Considering the fact that the witnesses now to be examined are formal in nature,this Court deems it fit to grant bail to the petitioners. It is therefore directed that the petitioners be released on bail on their furnishing a personal bond in the sum of?1 lakh each with two sureties each of the like amount subject to the satisfaction ofthe learned Trial Court, further subject to the condition that the petitioners will not leave the NCT ofDelhi without the prior permission of the Court concerned and visit the concerned Police Station on the 1^^
Monday ofevery month at4.00PM.
Petitions are disposed of. Order dasti.
MUKTA GUPTA,J.
DECEMBER 16,2016/'ga' BAIL APPLNs.1143/2016&1135/2016 page2of2
2016:DHC:8752
16.12.2016 The petitioners are facing trial in case FIR No. 56/2013 under
Sections 302/201/34IPG registered atPS Bhalswa Dairy.
The case of the prosecution is that the petitioner along with his nephew committed the murder of his daughter Reshma and drowned the body in the Boat Club. No missing report was lodged by the petitioner and
BAIL APPLNs,1143/2016&1135/2016 page 1 of2 2016:DHC:8752 the FIR wasregistered only after a body was found atthe Boat Club with a stone tied withthehelpofashawl wrapped onthe body.
During the course ofinvestigation statements ofwitnesses oflastseen were recorded. During trial all the six public/ material witnesses have been examined and now only 15 formal witnesses remain to be examined. On a query raised,learned APP on instructions submitthatthe DNA profiling of the deceased could not reveal her identity as the same was putrified. Thus the only circumstance against the petitioner Mohd.Yaseen and his nephew
Chaman Bhai atthis stage is thatthey did notlodge a missing report ofthe girl,though she wasnotavailable attheresidenceforalongtime.
Be that as it may,withoutcommenting on the fact whetherthe same is sufficient to convict the petitioners for the offence of murder or not, it is sufficient to note that the petitioners have been in custody for more than three years and all material witnesses have been examined. Considering the fact that the witnesses now to be examined are formal in nature,this Court deems it fit to grant bail to the petitioners. It is therefore directed that the petitioners be released on bail on their furnishing a personal bond in the sum of?1 lakh each with two sureties each of the like amount subject to the satisfaction ofthe learned Trial Court, further subject to the condition that the petitioners will not leave the NCT ofDelhi without the prior permission of the Court concerned and visit the concerned Police Station on the 1^^
Monday ofevery month at4.00PM.
Petitions are disposed of. Order dasti.
MUKTA GUPTA,J.
DECEMBER 16,2016/'ga' BAIL APPLNs.1143/2016&1135/2016 page2of2
2016:DHC:8752
JUDGMENT