Sarvesh Singh vs State Nct Of Delhi

Girish Kathpalia, J

The accused/applicant seeks regular bail in case FIR No. 277/2018 of PS Sarai Rohilla for offence under Section 302/364/201/120B/34 IPC.

Neither the Investigating Officer nor the SHO has cared to appear. Inspector Jag Mohan has appeared but is simply flipping through pages and did not even brief the prosecutor till hearing commenced. Yesterday itself it was made clear to all prosecutors that in view of fresh assignment of 179 old bail matters by way of transfer from different benches, they should remain prepared. But to no avail. Even counsel for accused/applicant has not appeared. Adjourning such bail matters further would not be appropriate.

Learned APP also expresses anguish that the police is unable to assist him. Learned APP goes through the status report dated 14.11.2024 and in all fairness admits that there is no admissible evidence against the accused/applicant.

At this stage, learned counsel for accused/applicant has appeared.

The accused/applicant is stated to be in judicial custody since 22.07.2018 on the allegation that he with the help of co-accused strangulated the deceased to death. Apart from his confessional statement recorded in police custody, there is no evidence collected by the investigator against the accused/applicant. Rather, as mentioned above, the police does not seem to be interested in opposing liberty to the accused/applicant.

Therefore, the application is allowed and the accused/applicant is directed to be released on bail, subject to his furnishing personal bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the learned trial court.

Copy of this order be sent to the concerned Jail Superintendent for informing the accused/applicant.

In view of circumstances mentioned in paragraph 2 of this order, copy of this order be sent to the Commissioner of Police for information with the hope that some corrective measures shall be taken by ensuring that in bail matters, the investigating officers should brief the prosecutor before the hearing commences and they should remain present with complete investigation file in the course of hearing.