Point of Law: Cancellation of Bail - an order granting bail ought not to be interfered by the High Court unless there are compelling reasons warranting cancellation of bail.

JUDGMENT :

Subramonium Prasad, J.

1. The State seeks to challenge the order dated 04.12.2020 passed by the learned Additional Sessions Judge-03, Dwarka, granting bail to the respondent herein in FIR 125/2018, dated 02.05.2018, registered at Police Station Sector-23, Dwarka for offences under Sections 302, 120B and 201 IPC read with Sections 25, 27, 54 and 59 of the Arms Act.

2. The facts, in brief, of this case are as under :

(a) On 02.05.2018, at about 9:55 AM, a PCR call was received regarding firing on a white coloured Swift car near Shiv Mandir, Firni Road, Village Bamnoli, Delhi. The same was recorded vide DD No.24A. Police team reached the spot where they found that a white coloured Swift car bearing No. DL3CAH-1805 had hit an electric poll, both the front window glasses of the car were broken and two injured persons were lying in the front seat of the car. The person on the driving seat was identified as Sandeep Deswal @ Sandeep Mental and another person was identified as Pawan Mann @ Pauna. There were multiple gun-shot injuries on the head and arms of both the persons. There were bullet marks on the car and several empty cartridges were found at the place of the incident. On inspection, a country-made pistol was found inside the car with five live cartridges. FIR No.125/2018 was registered at Police Station Sector-23, Dwarka for offences under Sections 302, 120B and 201 IPC read with Sections 25, 27, 54 and 59 of the Arms Act.

(b) Statement of the person who made the call to the Police i.e. Padam Singh (PW-2) and another person Mahipal Singh (PW-1) were recorded under Section 161 Cr.P.C.

(c) During the course of investigation and based on the statement of the said two persons the route of the Swift car was analysed. The witnesses had stated that a silver coloured Santro Car, bearing No. DL8CAF0943 and a black colour Discover bike were also seen following the Swift Car. On analysing the route of the vehicles, a CCTV camera was found installed outside Lochav Estate, Village Banmoli. On examination of the CCTV footage, it was found that, as told by the witnesses, a silver coloured Santro Car, bearing No. DL8CAF0943 and a black coloured Discover bike were seen passing the estate. On investigation, the motorcycle which was seen in the CCTV footage was found to be abandoned near Dada Mota Mandir. The motorcycle matched the description as provided by the two eye-witnesses. The photographs of the motorcycle were taken and the chance prints were developed.

(d) The statements of the mother of the deceased, Darshana Devi, and wife of the deceased, Sumitra Devi were recorded under Section 161 Cr.P.C.

(e) In her statement under Section 161 Cr.P.C., the mother of the deceased revealed that the deceased was a property dealer and was constructing a flat near Pochanpur Extension, Delhi, in partnership with one Kamlesh. She revealed that she knows Rajiv Dagar @ Monu and the respondent herein as they have visited their house multiple times. She stated that Rajiv Dagar used to come to their house in a Silver coloured Santro Car which belonged to Kamlesh. It was revealed by the mother of the deceased that a dispute arose between the deceased and Rajiv Dagar regarding the development of flats and the cost incurred therein. She also revealed that two days prior to the incident, Rajiv Dagar and the respondent came to their house and threatened the deceased with dire consequences. She states that Rajiv Dagar threatened the deceased with dire consequences if the accounts are not settled by the next day. The mother of the deceased saw the CCTV footage and she identified the two persons who were on the motorcycle. She identified the person who was riding the motorcycle as Rajiv Dagar and the person who was sitting pillion was identified as the respondent herein. The mother of the deceased also stated that the Santro Car seen in the CCTV footage belongs to Kamlesh.

(f) The wife of the deceased also gave her statement under Section 161 Cr.P.C. wherein she h