SURESH KAIT
State (Govt. of NCT of Delhi) – Appellant
Versus
Rupak Rana – Respondent
Suresh Kait, J.
1. The present petitions have been filed under Section 439(2) r/w Section 482 of the Code of Criminal Procedure, 1973, (hereinafter referred as ‘Cr. P.C.’). Vide Crl. MC No.2392/2015, petitioner/ State seeks direction thereby quashing/setting aside the order dated 02.03.2015 whereby learned Trial Court granted bail to respondent Rupak Rana accused in case FIR No. 246/2014 registered at PS Alipur under sections 302/34 IPC and Section 25/27/30 Arms Act pending trial against him. The complainant Rajpal Rana/petitioner in Crl. MC No.3322/2015 has also confined to the same relief sought by the State in Crl. MC 2392/2015, therefore, both these petitions were heard together and are being disposed of by this common judgment.
2. Learned APP for the petitioner/State submitted that counsel for the respondent/accused argued before the trial court that role assigned to the respondent/accused is only after firing incident and accordingly he has been impleaded merely with the aid of Section 34 IPC. Learned APP argued that the respondent/accused had also sustained bullet injuries in his hand which clearly shows his presence at the spot at the time of the incident in question.
Dilawar Balu Kurane vs. State of Maharashtra (2002) 2 SCC 135
Onkar Gulati vs. State & Anr. 71 (1998) DLT 463
Dolat Ram and others vs. State of Haryana (1995) 1 SCC 349
State of U.P. through CBI vs. Amarmani Tripathi (2005) 8 SCC 21
Kalyan Chandra Sarkar vs. Rajesh Ranjan alias Pappu Yadav and Another (2004) 7 SCC 528
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