Sanam Dagar Cannot Protract Trial and Then Seek :
The has firmly rejected the plea of Sanam Dagar, accused of opening fire at a gym in Bawana, ruling that an accused cannot be allowed to through their defence counsel and then seek citing . Justice Girish Kathpalia dismissed the application, cautioning against the misuse of legal process.
Shooting at the Gym: The Case
The prosecution’s case stems from FIR No. 232/2018 registered at . Dagar, along with his associates, allegedly entered a gym and fired six to seven rounds, three of which struck the victim, Monu. The entire incident was captured on CCTV footage, which was played in court and purportedly showed Dagar, wearing an orange T-shirt, firing a pistol.
Arguments on Both Sides
Dagar’s counsel, , advanced two primary grounds for : first, that co-accused Sumit @ Kalu had already been granted , and second, that Dagar had been in custody for a prolonged period. A further argument was raised that the public witnesses had been examined.
The State, represented by APP , countered that it was the defence counsel who was responsible for the trial delay. She pointed out that despite a specific date fixed by the High Court——for of the injured Monu, the defence counsel failed to appear. Additionally, Dagar had remained a for over a year, further stalling proceedings.
Court’s Reasoning: No and Deliberate Delay
Rejecting the argument, Justice Kathpalia observed that the role attributed to Dagar was distinct from that of the co-accused. While Dagar’s pistol caused three bullet injuries, the co-accused’s weapon jammed and could not fire. The court noted that this difference in justified differential treatment.
On the issue of , the court expressed concern over a recurring pattern: defence counsel initially and later seek on the ground of delay. “Such has to be understood in its proper perspective,” the judge remarked. The court highlighted that Dagar’s counsel had failed to place trial court ordersheets demonstrating that the defence was not responsible for the delay. Moreover, despite the High Court specifically fixing September 14 for , the defence counsel chose to stay away.
CCTV Footage and
The court also rejected the argument that public witnesses had been examined, noting that the injured Monu’s testimony remained unchallenged. “Further, even the manner in which the alleged offence was committed is clearly depicted in CCTV footage and the same cannot be ignored,” Justice Kathpalia observed.
Key Observations
“It is being observed in a number of cases that initially the defence counsel would somehow and thereafter raise the as a ground for . Such has to be understood in its proper perspective.”
“Despite the discussion on these lines recorded in the last order, when the injured Monu appeared before the trial court, the defence counsel opted to stay away from cross examining him.”
Decision
Finding no merit in the application, the dismissed it. The court held that given the gravity of the offence, the clear CCTV evidence, and the defence’s own role in delaying the trial, this was not a fit case for at this stage.
The ruling reinforces the principle that an accused cannot benefit from delays they themselves have caused, and that courts will closely scrutinise attempts to manipulate the legal process.