Bail Appln.1348/2020 Page 1 of 16

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on:

19.06.2020

Pronounced on: 24.06.2020

+

BAIL APPLN. 1348/2020

PRAKASH JARWAL

..... Petitioner

Through

Ms. Rebecca M. John, Sr. Adv. with

Mr. Ravi Drall, Ms. Megha Bahl and

Ms. Maulshree Pathak, Advs.

versus

STATE

..... Respondent

Through

Mr. Hirein Sharma, APP for the State

with IO Kamlesh

Mr. Tanvir Ahmad, Adv. for

complainant.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T

1.

The present petition has been filed under section 439 Cr.P.C. for

seeking bail in pursuance to FIR No.213/2020 dated 18.04.2020 registered at

Police Station Neb Sarai for the offences punishable under sections

386/506/306/34 IPC.

2.

Petitioner is sitting MLA from Deoli Assembly Constituency of NCT

of Delhi. He remained in police custody in above-mentioned case since

09.05.2020 to 16.05.2020 but the IO himself filed an application for

Bail Appln.1348/2020 Page 2 of 16

sending the Petitioner to JC and on 17.05.2020 the Petitioner was sent to JC

as the investigation qua him had been completed.

3.

Ms.Rebecca M. John, learned senior counsel appearing on behalf of

the petitioner submitted that in the FIR itself, it has been mentioned by the

complainant that wife of deceased gave one complaint to the Delhi Jal Board

on 09.04.2020 as DD No.5378, just one week before the suicide, against the

Petitioner but contrary to said fact in the said complaint, name of the

Petitioner as well as name of co-accused persons has not been mentioned.

Further no allegations of extortion or threat has been made by wife of

deceased in the said complaint. Moreover, the deceased or his family

members were plying water tanker since 2006 and it has been alleged that

the deceased was giving money to the Petitioner since he became MLA first

time but the deceased or his family members didn’t give any complaint to

any authorities including police in last 5-6 years.

4.

Learned senior counsel further submitted that the alleged suicide note

is fabricated and the same is in two different hand writing with different

pens. The name of the Petitioner has been written with different pen which

does not bear the signature of the deceased on the second portion of the

suicide note. The alleged suicide letter is on public domain face book etc.

Bail Appln.1348/2020 Page 3 of 16

5.

It is submitted that the deceased was running water tankers in DJB

since 2007 and he was engaged in illegal activities of selling water of poor

persons to Sanik Vihar Farm owners for Rs.1,500/- per tanker. There were

various complaints against the deceased and his syndicate of selling water

tankers upon which a sting operation was conducted by News Channel IBN

in the month of June, 2015 in which the deceased along with his associates

was caught on camera in a sting operation. After the said sting operation,

name of deceased was blacklisted from DJB and his family members,

therefore, they had grudges against petitioner and his known persons.

6.

Learned senior counsel further submitted that the petitioner through

his Advocate filed RTI before DJB on 24.04.2020, however, reply dated

24.04.2020 reveals that the competent authority DJB disengaged 9 water

tankers which were running in the name of the deceased and his family

members because he was caught red handed in the black marketing of the

water tankers in a sting operation as mentioned above. In addition, since

2015 to 2020, no water tanker was running in the name of deceased. While

instead of engaging the water tankers in his own name as he was blacklisted

from DJB, deceased engaged 5 water tankers in the name o