Nazar vs State Govt Of Nct Delhi

Girish Kathpalia, J

The accused/applicant seeks regular bail in case FIR No. 245/2020 of PS Pul Prahlad Pur for offence under Section 302/307/323/341/34 IPC.

1.1 This bail application came up for the first hearing on 25.04.2025 before the predecessor bench and thereafter continued getting adjourned before different benches. Along with 179 such old pending bail applications, this application was transferred to this bench.

1.2 Today is the first hearing before me. Proxy counsel for accused/applicant seeks pass over on the ground that the arguing counsel is held up in Patiala House Court. Advocates are aware that on account of heavy board of this court, once a matter is passed over, it does not reach till even 05:30pm and the matter gets adjourned. Instead of seeking adjournment, now advocates in some of the cases are seeking passovers, that too as in the present  case, the arguing counsel has opted to appear before Patiala House Court instead of appearing here. There are four counsel signatory to the vakalatnama, but none of them has cared to appear. The pass over request is declined.

Broadly speaking, the prosecution case is based on FIR registered on the statement of eyewitness Dilshad, who categorically named the accused/applicant,  alleging  that  the  accused/applicant  stabbed  the  deceased Najeem to death and fled.

Learned proxy  counsel for accused/applicant  is requested  to address arguments, but he refuses to do so.

Learned APP submits that PW1 Mahiwal Hussain, who is another eye witness has supported prosecution case. In this regard, learned APP has pointed out that the accused/applicant has deliberately concealed a vital portion of order dated 10.03.2025 of the trial court. It appears that first page of order dated 10.03.2025 has been placed at page 30 and thereafter, at page 31 is the third page of that order. The second page of that order, which has been  concealed  from  this  court  has  been  read  over  by learned  APP  and  the same  observes  that  PW1  Mahiwal  Hussain  has  supported  the  entire  case  of prosecution in his chief examination and has identified the accused/applicant.

Considering the nature of offence and complete lack of seriousness on the part of accused/applicant to pursue this bail application, coupled with the fact that the accused/applicant has concealed vital portion, the bail application and accompanying application are dismissed.