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2024 Supreme(Del) 708

SWARANA KANTA SHARMA
Sandeep Pawar – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent


Advocates appeared:
Mr. Pramod Kumar Dubey, Senior Advocate with Mr. Ajay Pipania, Mr. Ayush Lachan, Mr. Shashank Dewan, Ms. Ritvika Poswal, Ms. Amrita Vatsa, Mr. Ayush Sachan, Ms. Chaitanya Singh, Mr. Vaibhav Kapur, Mr. Shivam, Mr. H. Pratap, Ms. Aditi and Mr. Satyam Sharma, Advocates, for the Petitioner.
Mr. Manoj Pant, APP for the State with Inspector Arun Chauhan, P.S. Jahangir Puri.
Mr. Ashok Kumar Singh, Senior Advocate along with Mr. Manoj Sharma, Ms. Saloni Singh, Mr. Rajat Joshi, Mr. Ashanga Rai, Mr. Yagya Gautam, Mr. Mayank Gautam, Advocates, for the Complainant.

JUDGMENT

Swarana Kanta Sharma, J. - The instant application under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C'), has been filed on behalf of the applicant/accused seeking grant of interim bail for 30 days in case FIR No. 445/2023 registered at Police Station Jahangirpuri, Delhi for offence punishable under Sections 302/120B of Indian Penal Code, 1860 (`IPC') and Sections 25/27 Arms Act, 1959.

2. Briefly stated, facts of the case are that the present FIR was registered on the complaint of the complainant who had stated that on 22.05.2023 at around 2:50 PM, when there was Shivling sthapna in Shiv Mandir near Meetha Kuan, Delhi, the applicant alongwith the co-accused persons had fired towards the deceased Bijender Yadav. The present applicant was arrested on 26.05.2023, and the chargesheet in this case was filed on 24.08.2023.

3. At this stage, the applicant/accused has preferred the present interim bail application on the medical grounds.

4. Learned Senior counsel for the applicant argues that the applicant was arrested on 25.05.2023 and since then, his health condition has started to deteriorate. It is argued that the applicant had complained of the same to the jail aut

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