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2007 Supreme(Del) 2162
High Court Of Delhi
SHIV NARAYAN DHINGRA
PHOOL CHAND - Appellant
Versus
STATE - Respondents
Bail Application 473 Of 2007
Decided On : 09/26/2007
Haneef Mohd, MANOJ OHRI
Denial of bail at the advanced stage of trial due to conflicting witness statements.
Headnote:
Bail - Criminal Law - Denial of Bail at Last Stage of Trial
Fact of the Case:
The accused, facing trial under section 307 read with Section 34 IPC and Section 302 IPC, applied for bail under Section 439 Cr. P. C. read with Section 482 Cr. P. C. The trial was at the fag end, with all material witnesses recorded. The applicant's counsel relied on the statement of two witnesses, claiming no role for the applicant, while other eye witnesses assigned a specific role to the applicant.
Finding of the Court:
The court, considering the entirety of the circumstances and the advanced stage of the trial, deemed it inappropriate to grant bail to the applicant at this stage, and thus dismissed the application.
Issues: The main issue was whether bail should be granted to the accused at the fag end of the trial, considering the conflicting statements of witnesses.
Ratio Decidendi: The court's decision was influenced by the advanced stage of the trial and the conflicting statements of witnesses, leading to the denial of bail to the applicant.
Final Decision: The application for bail was dismissed by the court.
( 2 ) CONSIDERING the entirety of the circumstances and the fact that the trial is almost at the last stage, I consider that it is not appropriate to grant bail to the applicant at this stage. The application is hereby dismissed.
