Final Order 1

Order Details: COPY OF ORDER
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Bail Matter: 1349/2023
SC No. 359/2021
State Vs. Mohd. Chand
FIR No. 398/2020
PS: Dayal Pur
U/s: 395/394/397/342/452/506/120-B/34 of IPC
& Sec. 25/27 of Arms Act
02.01.2024
Present: Sh. Asif Ahmad, Ld. Counsel for the applicant
/accused Mohd. Chand.
Sh. Masood Ahmad, Ld. Addl. PP for the State.
SI Rocky, the deputed IO.
1. The matter is fixed for hearing arguments on the
application for grant of interim bail for a period of one month
filed by the applicant /accused Mohd. Chand.
2. Today, on calling the case, SI Rocky, the deputed IO
has appeared and filed reply. Copy thereof has been supplied to
the Ld. Counsel for the applicant/accused.
3. I have heard the Ld. Counsels for the parties.
4. Sh. Asif Ahmad, Ld. Counsel for the applicant
/accused Mohd. Chand has submitted that mother of this
applicant/accused has been expired on dated 18.12.2023 and
further submitted that this applicant/accused is desirous to attend
the rites/rituals (DASWA & BISWA), which are fixed for
05.01.2024 and 06.01.2024 and presence of this applicant
/accused is compulsory and further submitted that this
applicant/accused was earlier granted interim bail by this court
and also submitted that this applicant/accused may be granted
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interim bail for a period of one month.
5. On the other hand, Sh. Masood Ahamd, Ld. Addl.
PP for the State has vehemently opposed this application and
submitted that this applicant/accused has committed the heinous
offence of dacoity and this applicant/accused is the main
conspirator in the dacoity of about Rs. 16 lakhs and 34-40 tola of
jewelery of gold and at the time of the occurrence, this
applicant/accused was present in the house of the sister of the
complainant and an amount of Rs.1,77,000/- of the looted
amount has been recovered from this applicant/accused and
submitted that since, this applicant/accused has committed
heinous offences punishable u/s. 120-B, 395 r/w Sec. 120-B &
412 of IPC and in case, this applicant/accused is granted interim
bail for one month, he may temper with the evidence of the
prosecution, as, the evidence of the complainant is yet to be
completed. He has also submitted that IO has received only
notice of this application. He did not receive copy of this
application for grant of interim bail, so, he could not prepare the
reply of this application for grant of interim bail and he has filed
general reply to the application and submitted that if this
applicant/accused is desirous to participate in the BISWA
ceremony of his mother, he may be sent in judicial custody and
he has no objection for it and submitted that this applicant
/accused does not deserve the concession of interim bail for a
period of one month and prayed for dismissal of the said
application.
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6. I have given thoughtful consideration to the
submissions made by the Ld. Counsels for the parties and
perused the record.
7. The perusal of the record reveals that this
applicant/accused is alleged to have committed the conspiracy to
commit dacoity and looted amount of about Rs. 1,77,000/- is
alleged to have been recovered from this applicant/accused.
Since, charges against this applicant/accused have been framed
u/s. 120-B, 395 r/w 120-B and 412 of IPC and since, the
evidence of the complainant is yet to be completed and in case,
this applicant/accused is granted interim bail for a period of one
month, he may temper with the evidence of the prosecution, so,
taking into consideration the nature of accusation and gravity of
the offences alleged to have been committed by this applicant
/accused and likelihood of tempering with the evidence of the
prosecution, this applicant/accused does not deserve the
concession of interim bail for one month, so, the application for
grant of interim bail for a period of one month is dismissed.
8. At this stage, Ld. Counsel for the applicant/accused
has submitted that BISWA ceremony of the mother of this
applicant/accused will be performed on dated 06.01.2024
between 3:00 PM to 5:00 PM and submitted that applicant
/accused may be sent in judicial custody, so, taking into
consideration the fact that the mother of this applicant/accused
had expired on dated 18.12.2023 and the BISWA ceremony of
the mother of this applicant/accused will be performed on dated
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06.01.2024 between 3:00 PM to 5:00 PM and this
applicant/accused is desirous to attend the same, so, the
Superintendent of the Central Jail No. 11, Mandoli, Delhi
is directed to make arrangement to take this applicant
/accused in police custody at H. No. 463, Gali No. 6,
Nehru Vihar, Delhi on dated 06.01.2024 between 3:00 PM
to 5:00 PM, so that he may participate the last rite/ritual
(BISWA ceremony) of his mother. Dasti copy of this order be
provided to the parties. Attested copies of this order be also
sent to the Superintendent of Central Jail No.11, Mandoli,
Delhi for compliance and for supplying the same to this
applicant/accused Mohd. Chand.
(PAWAN KUMAR MATTO)
Addl. Sessions Judge (Special Judge NDPS)
North East/KKD Courts/Delhi/02.01.2024
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