JUDGMENT

J.D. Kapoor, J.— Though through instant Crl. M. (M) petition extension for interim bail was sought but through Crl. M. 558/03 moved in this main petition prayer for regular bai1 has been made.

2. Petitioner is facing a trial in a murder case arising out of FIR No. 287/1999, registered under Sections 302/201/212/120B/34 IPC at P.S. Mehrauli for having allegedly fired in the late mid nightly hours a shot aiming at a young lady Jessica Lal, a Model, who was acting as a Bar-tender in a weekly party being held at a place known as Qutub Colonnade at Mehrauli where Ms. Beena Ramani and her Model daughter Malini Ramani were running a restaurant by the name and style of 'Once Upon A Time'.

­3. It was unfateful day of 29th of April 1999. Around 300 to 400 people had attended that party. After 1.00 a.m or so 70-80 people remained while other had left. It was 2.00 a.m in the night when Malini Ramani and deceased Jessica Lal and complainant Shyam Munshi and a waiter were present alongwith 5-6 more persons in the restaurant when the petitioner-accused along with his friends came there and asked the waiter to serve him the drink. At first instance the waiter did not oblige him. When accused insisted for being served with the drink deceased Jessica Lal and Malini Ramani intervened and told him that the party was over and no liquor was left. It was at that point of time that the petitioner-accused is alleged to have threatened that he would have to adopt his own methods to get the drink. The deceased Jessica Lal again tried to persuade that there was no reason to feel angry. It is alleged that this infuriated the petitioner who took out the Pistol from his pants and fired one shot in the ceiling and the other shot aiming at Jessica Lal which he hit at her forhead on the left side. As a result she fell down and was, removed to Ashok Hospita1 with the help of Jatinder Raj and Madan Waiter.

4. The Police on being informed by the PCR reached the spot immediately but by that time the injured had already been removed to the Hospital.

5. During the investigation the Police collected long chain of evidence leading to the petitioner as the person who had shot dead the deceased without any provocation.­

6. It is alleged that during investigation the police seized two empty cartridges from the spot and sealed the same. It is alleged that at about 2.45 a.m. SHO S.K. Sharma also reached the spot along with police staff comprising of PW-30 Sharwan Kumar and other officials and PW-30 was deputed to guard the vehicles. While PW-30 Sharwan Kumar was guarding the vehicles when a Tata Siera of white colour driven by co-accused Amandeep Gill came there and stopped near a Tata Safari parked there and despite the protests of Sharwan Kumar co-accused Vikas Yadav entered the Tata Safari and drove away the same. Sharwan Kumar tried to stop it but could not and he then hit at the rear side glass on the driver's side of the Tata Safari which was subsequently seized by the Police of Sector 24 Noida and a cartridge of point 22 bore was seized from the dash-board box with changed window pane. Immediate escape by the petitioner from the scene of occurrence by way of pushing the crowd, leaving behind the Tata Safari at the spot unattended, subsequent removal of his car from the spot by his co-accused by use of force against the guard on duty, its recovery with changed window pane is wholly inconsistent with the innocence and consistent with the guilt.

7. On the night of occurrence the police also visited the farm house of the petitioner in village Samalkha Delhi and seized the petitioner’s licensed Pistol, his Arms license, a photograph, a diary and a cassette. However with great efforts the petitioner was traced and arrested.­

8. The interim bail of the peti-tioner was granted mainly on account of the non-availability of a crucial witness who was a Nepali boy and was employed as a servant in Amardeep Gill’s house for long. The same was being extended from time to t