Final Order 1

Order Details: COPY OF JUDICIAL PROCEEDINGS
Pdf Text: IN THE COURT OF SHRI TARUN YOGESH
ASJ-06, NDD, PATIALA HOUSE COURTS, NEW DELHI
Bail Application No. 1621/2023
FIR No.254/2023
PS R.K. Puram
Under Section 394/411/34 IPC
STATE Vs. DALIP
23.09.2023
At 11:11 a.m.
Present: Shri S.K. Kain, Ld. Addl. PP for the State.
Shri Pramod Tyagi, Ld. Counsel for applicant.
ASI Harilal, PS R.K. Puram.
IO/ASI Hari Lal.
Submissions heard.
Put up at 2:00 p.m. for order.
(Tarun Yogesh)
Bail Roster Judge
ASJ-06/NDD/PHC:New Delhi
At 2:12 p.m.
Present: Shri S.K. Kain, Ld. Addl. PP for the State.
None for applicant.
Brief facts :
As alleged by prosecution, complainant Karishma
D/o Sh. Beer Singh was walking on public road near her house at
10:45 pm on 11.08.2023 when two boys riding scooty bearing
registration no. DL 3S EY 4226 snatched her mobile phone. One
of the accused namely Dalip S/o Sh. Kanwar Lal was
apprehended along with mobile phone Oppo Black Colour
Cont...2/-
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having no. 8287860253 by public persons upon hue and cry
whereas other snatcher managed to flee from the spot.
ASI Hari Lal, PS R.K. Puram has filed reply
opposing bail application wherein he has mentioned that
snatched mobile phone has been recovered from accused Dilip
whereas co-accused Saurabh S/o Lt. S.K. Majumdar was
apprehended near Army Public School, Dhaula Kuan along with
vehicle/scooty used in committing the crime.
Submissions on behalf of accused:
Sh. Pramod Tyagi has urged for releasing accused as
his further judicial custody is not required after filing of charge-
sheet.
Submissions opposing bail application:
Ld. Addl. PP for State has referred to reply for
opposing bail application.
Discussion and Conclusion:
Grant or Refusal of bail is entirely within the
discretion of the Judge hearing the matter and though that
discretion is unfettered, it must be exercised judiciously and in a
humane manner and compassionately. Also, conditions for the
grant of bail ought not to be so strict as to be incapable of
compliance, thereby making the grant of bail illusory. (emphasis
supplied).
It is well settled law that bail is not to be withheld as
a punishment as held in Emperor Vs. H.L. Hutchinson 1931
SCC OnLine All 14 wherein it was also observed that grant of
bail is the rule and refusal is the exception.
Cont...3/-
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As gleaned from reply, investigation of the case has
been completed whereas charge-sheet has been filed on
21.09.2023. Accused Dalip has remained behind bars since
12.08.2023 and his further custody is not required during trial as
primary purposes of bail in a criminal case are to (a) relieve the
accused of imprisonment; (b) to relieve the State of the burden of
keeping him, pending the trial, and at the same time AND (c) to
keep the accused constructively in the custody of the Court to
assure that he will submit to the jurisdiction of the Court and be
in attendance thereon whenever his presence is required.
Application under Section 439 Cr.P.C. is allowed
and accused Dalip S/o Shri Kanwal Lal is admitted to bail
upon furnishing personal bond in the sum of Rs.15,000/- with
one local surety in the like amount to the satisfaction of
Ld. CMM/ACMM/MM/Link MM/Duty MM subject to following
conditions:
1. That applicant/accused will not try to influence witness or
tamper with any evidence;
2. That applicant/accused will appear in Court regularly
during course of trial;
3. That applicant/accused will not commit any offence in
future.
Copy of this order be sent to the Jail Superintendent
concerned.
Observations made herein shall not tantamount to
expression of opinion on the merits of this case.
Copy of this order be given dasti to the parties.
(Tarun Yogesh)
Bail Roster Judge
ASJ-06/NDD/PHC
New Delhi:23.09.2023
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