MM-06 (C) ) THC/Delhi/11.12.2020: 17.12.2020 (Physical Hearing Date)
MM-06 (C) ) THC/Delhi/11.12.2020: 17.12.2020 (Physical Hearing Date)
application on
17.12.2020 (physical hearing date).
One copy of the order be uploaded on Delhi District Court Website.
Copy of order be also sent to the e-mail of jail superintendent and SHO PS Civil
Lines/Sadar Bazar and Ld. Counsel for the
applicant. The printout of the
application, reply and order be kept for records and be tagged with the final
report.
(SHIVLI TALWAR)
MM-06(C))THC/Delhi/11.12.2020
FIR NO. 528/20
P.S. Civil Lines
U/s 279/337/304A IPC
11.12.2020
Vide Office Order No. 1277/22595-765 DJ(HQ]/Covid Lockdown/ Physical
Courts Roster/ 2020 dated 25.11.2020, matters are taken up
physically.
14.12.2020.
(SHIVLI TALWAR)
MM-06(C)/THC/Delhi/11.12.2020
FIR No. 0323/20
P.S. Sadar Bazar
U/s 379/356/411 IPC
11.12.2020
Vide Office Order o. 1277/22595-765 DJJHOVCovid Lockdown/ Physical Courts
Rosterl 2o20 dated 25.11.2020, matters are taken up physically.
This is an application for releasing of mobile on superdari filed by applicant Sh.
Ashok Kumar.
Present Sh.A.K. Shukla, Ld. Substitute APP for
State.
Sh. Ashok Kumar,
applicant in person.
Reply filed by the IO. Same is taken on record. As per the reply, it is stated
that o has objection in releasing the mobile phone Mobistar IMEI NO.
no
(SHIVLI TALWAR)
MM-06(C)/THC/Delhi/11.12.2020
FIR No. 222/20
PS Sadar Bazar
State Vs Vicky @ Punjabi
Us 454/380/41 1/34 IPC
I1.12.2020
Vide Office Order No. 1277/22595-76s DJ(HOYCovid Lockdown/ Physical Courts
(SHIVLI TALWAR)
MM-06(CTHC/Delhi/11.12.2020
State V/s Shahbuddin
e-FIR No. 034620/19
P.S. Sadar Bazar
U/s 379/411/34 IPC
I1.12.2020
Vide Office Order No. 1277/22595.765 DJ(HQVCovid Loekdown/ Physical Courts
Rosterl 2020 dated 25.11.2020, matters are taken up physically.
An application for release of accused on personal bond has been moved.
LAC for accused. As per the reply, form 12 of accused has been sent by Post for
the purpose of address verification, however, due to the present Covid pandemic
situation, the address of accused has not been verified yet. IO seeks further time.
Heard. IO is directed to expedite the process and file address
Present Sh. A.K. Shukla, Ld. Substitute APP for the State.
IO ASI Mukesh Kumar in
person.
Complainant namely Mr. Feroz Ahmed in person.
An application seeking status report has been filed by
by
complainant.
As per reply filed by 1O ASI Mukesh Kumar, untrace report in
the present case has been prepared. IO submits that he seeks time to file
the same in Court and he shall file the same tomorrow i.e. 12.12.2020.
Heard
In view of the submissions made by the IO, accordingly, put up
for 18.01.2021.
(SHIVLI TALWAR)
MM-06(C)/THCIDelhi/11.12.2020
State V/s Aas Mohd. Etc.
FIR No. 189/18
P.S. Civil Lines
Since reply has not been filed by IO concerned, let fresh notice be
(SHIVLI TALWAR)
MM-06(C)/THC/Delhi/11.12.2020
State V/s Ajay @ Anta
State Vs Vijay @ Lala
e-FIR No. 0395/220
P.S. Civil Lines
U/s 379/34 IPC
11.12.2020
Courts
Vide Office Order No. 1277/22595-765 DJ(HOJCovid Lockdown/ Physica
are taken up
Roster/ 2020 dated 25.11.2020, matters
physicaly.
Present Sh.A.K. Shukla, Ld. Substitute APP for
IO ASI Gulzar Hussain in State
person.
On 10.12.2020, 1O had moved an application for issuance of production warrants
against the accused persons namely, Ajay @ Anta and Vijay@ Lala.
Oday, 1O has submitted that inadvertently he had filed an application for
ISsuance of production warrants against both the above said accused persons and he seeks to
both accused are no longer required in the present case. Hence, accused Ajay @Anta s/o Sh.
Bhawanideen & Vijay @ Lala slo Sh. Ram Singh be released forthwith, if not in
required any
other case.
IO is at liberty to take appropriate steps in case any incriminating evidence is
found against both the accused persons.
Application stands disposed of accordingly.
Copy of this order be given dasti to 10.
One copy of the order be uploaded on Delhi District Court Website. Copy of order
be also sent to the e-mail of jail superintendent and SHO PS Civil
Lines/Sadar Bazar. /
(SHIVLI TLWAR)
MM-06(C)THCIDelhil11.12.2020
State V/s Sanju @ Kamal
FIRNo. 222120
P.S. Sadiar Bazar
U/s 380/A11/454/3A IPC
11.12.2020
Vide Office Order No. 1277122595-765
DHOJCovd Lochdown! Physieal Cout
Rosterl 2020 dated
25.11.2020, matters are taken up physically,
nis Is second bail application U/s 437 Cr.PC. moved on behall o
month of October which points out that applicant/accused has been falsely
implicated in the present matter. It is further submitted that no recovery has been
made from or at the instance of the applicant/accused and the alleged recovery
has been planted by the police. Ld. Counsel for applicant/accused seeks grant of
bail to the applicant/accused on the ground of parity since co-accused persons
Gaurav and Rahul have already been granted bail by this Court. It is further
submitted that the past antecedents of the applicant/accused are clean and he is
not a previous convict. It is further submitted that the applicant/accused is in J/C
since 20.10.2020 and investigation qua him is already complete and he is no
more required for any custodial interrogation. It is further submitted that the
applicant/accused is the sole bread earner of his family and his wife is 8 months
pregnant. Therefore, it has been prayed that the applicant/accused be released
on bail.
Reply of 1O has been filed electronically. Copy of same has been
t to Ld. Counsel for the applicant/accused electronically. Perusal of the same
Sadar Bazar
FIR No. 222/20 PS
-2
on the basis
was arrested in the present FIR
reveals that the applicant/accused
case property
of disclosure statement of
his co-accused, Vicky @ Punjabi and
recovered from him. It is stated that the
one iron rod (gattar) was
i.e.
and he
commission of the offence
applicantaccused played an active role in the
against the
criminal cases. It is stated that the allegation
is previously involved in
with one surety of like amount, to the satisfaction of ld. Duty MM as per prevailing
duty roster, subject to the following conditions:
FIR No. 222/20 PS Sadar Bazar
-3
when called.
. That the accused person(s) shall attend the Court as per
and;
4. That the accused person(s) shall not
directlylindirectly induce,
report
(SHIVLI TALWAR)
MM-06(C)/THC/Delhi/11.12.2020
State V/s Tinku Sharma
e-FIR No. 27933/20
P.S. Civil Lines
U/s 379/411/34 IPC
11.12.2020
Vide Office Order No. 1277/22595-765 DI(HQJJCOvid Lockdown/ Physical Courts
applicant/accused and the alleged recovery has been planted by the police. It is further
in a drunken condition. Ld. Counsel for applicant/accused prays for grant of bail to the
applicant/accused on the ground of parity since co-accused Sumit has already granted
bail by this Court. It is further submitted that the applicant/accused is a young boy aged
22 years, belongs to a poor family and is the sole bread earner of his family. It is
submitted that the past antecedents of the applicant/accused are clean and he has not
been previously involved in any other case. It is further submitted that the
applicant/accused is in JC since 05.11.2020 and investigation qua him is already
complete and he is no more required for any custodial interrogation. Therefore, it has
been prayed that the applicant/accused be released on bail
Reply of I1O has been filed electronically. Copy of same has been sent to
Ld. Counsel for the applicant/accused electronically. Perusal of the same reveals that
recovery of the stolen vehicle has been made from the applicant/accused and his
co-accused, Sumit. It is stated that accused is previously involved in many theft cases
and he may commit similar offences again, if released on bail.
Ld. substitute APP for the State has opposed the bail application on the
ground that the case property has been recovered from possession of
Lines
27933/20 PS Civil
FIR No.
-2
circumstances
of the
facts and
consideration to the
have given thoughtful before me.
made
submissions
that no
the record in light of
carefully perused I am of the view
c a s e and case,
circumstances of the as
facts and bars anymore
In the given behind the
the applicant already
be served by keeping vehicle has
userui purpose would stolen
recovery
of the
and a d m i t e d to
almost complete is
investigation qua him is applicant/accused
allowed and like
the application is the
Hence, with one surety in
been e f e c t e d . Rs.15,000/-
the s u m of thee
bond in subject to
of personal roster,
bail on furnishing prevailing duty
Ld. Duty MM a s per
satisfaction of
a m o u n t to the
as and w h e n
following conditions investigation
accused person(s) shall join
1. That the
called. Court a
ass per
attend the
shall
the accused person(s)
2. That
executed.
conditions of bond to be and;
similar offence
shall not commit
accused person()
3. That the induce,
not directlylindirectly
accused person(s) shall
4. That the acquainted
the witnesses/persons
dissuade
or in any way
give threat, with the evidence.
the case and also shall not tamper
with the facts of
off.
the present application is disposed
Accordingly, of order
on Delhi District Court VWebsite. Copy
order be uploaded
One copy of the Lines/Sadar Bazar
superintendent and SHO PS Civil
e-mail of jail
be also sent to the order be
The printout of the application, reply and
the applicant.
and Ld. Counsel for
final report. (
and be tagged with the
kept for records (SHIVLI TALWAR)
MM-06(C)/THC/Delhil11.12.2020
State Vs. Shahabuddin
e.FIR No.034620/2019
PS Sadar Bazar
Uls 379/411/34 IPC
08.12.2020
Vide Office Order No. 1277/22595-765 DJ(HO)/Covid
Lockdown/ Physical Courts Roster/ 2020 dated 25.11.2020, the cases
are being taken
up through Video Conferencing today.
Put up on 11.12.2020.
(SHIVLI TALWAR)
MM-06(C)ITHCIDelhi/08.12.2020
Mukesh
Bokha
State V/s FIR No. 515/20
P.S. Civil Lines
Act
U/s 33 Delhi Excise
11.12.2020
Lockdown/ Physical Courts
Vide Office Order No. 1277/22595-765 DJ(HQJCovid
Rosterl 2020 dated 25.11.2020, matters are taken up physically.
n e present application for grant of bail U/s 437 Cr.P.C. has been moved on
It is
applicant/accused and the allegedrecovery has been planted by the police.
further submitted that the applicant/accused is in J/C since 22.11.2020. It is further
maintain three children, his wife is admitted in the hospital and he is the sole bread
earner of his family. It is submitted that the applicant/accused has been acquitted in
11 out of 17 cases mentioned in the previous involvement report filed by the IO and
he has not been previously involved in any other case under the Delhi Excise Act. It
is submitted that the applicant/accused was called to the police station from his
nouse and falsely implicated in the present case. It is further submitted that there is
no public witness in the present case and the only witnesses to the alleged incident
are police officials. It is further submitted that whereabouts of applicant/accused
have been duly verified, hence, there are no chances of the applicant/accused
absconding. It is further submitted that since only police officials are witnesses in the
present case, hence, there are no chances of the applicantaccused threatening/
intimidating the witnesses. It is further submitted that even otherwise, the alleged
recovery has already been effected and further custodial interrogation of the
applicant/accused is no more required. Therefore, it has been prayed that the
applicant/accused be released on bail.
Reply of IO has been filed electronically. Copy of same has been sent
-2 FIR No.515/20 PS Civil Lines
Ounsel
for the applicant/accused electronically. Perusal of the same reveais
udl200 quarter bottles of illicit liauor were
recovered from the possession or
applicanUaccused. It is stated that the applicant/accused brought illicit liquor rom
ndiyana to supply the same in Delhi. It is stated that the is a
applicantaccused B
of PS Civil Lines and is involved in 17 other criminal cases.
Ld. substitute APP for the State has opposed the bail application on the
grOund that 200 quarter bottles of illicit liquor have been recovered from tne
habitual offender and has been involved in 17 cases from the year 1994 to 2020,
which includes one case under the Delhi Excise Act also. It is further submitted that
the applicant/accused may commit further offences, if released on bail. Therefore, it
under the Delhi Excise Act for being found in illegal possession of illicit liquor. It is
observed that this Court has dismissed the bail application of applicant/accused vide
order dated 28.11.2020. No change of circumstance since then has been pointed by
bail to the applicant/accused at this stage. Hence, the present bail application is
hereby dismissed.
ODection to the release of laptop make Dell and Samsung Tab as 1O submits that they are no
Onger required for investigation purpose. However, 1O has objection to the release of tWo Silver
coins to the applicant since TIP of the two silver coins is fixed for 14.12.2020.
Heard. In view of reply of 1O, the application stands partly allowed. I am of the
considered view that laptop make Dell and Samsung Tab be released to the applicant.
Instead of releasing the laptop make Dell and Samsung Tab on superdari, I am of
the considered view that the same has to be released as per directions of Hon'ble Supreme
Court in case titled as "Sunder Bhai Ambalal Desai Vs. State of Gujrat, AIR 2003 SC 638.
The view of the Hon'ble Supreme Court has been reiterated by Hon'ble High Court
of Delhi in case titled as "Manjit Singh Vs. State in Crl. M.C. No. 4485/2013 dated
10.09.2014.
Considering the facts and circumstances and law laid down by higher courts
laptop make Dell and Samsung Tab be released to the applicant/registered owner on furnishing
security bond/indemnity bond as per valuation report of the laptop make Dell and Samsung Tab.
IO is directed to get the valuation done of the laptop make Dell and Samsung Tab prior to
releasing the same to the applicant/registered Owner as per directions of Hon'ble Supreme
Court. Coloured photographs and punchnama of laptop make Dell and Samsung Tab in
question be conducted as per above mentioned judgments.
Copy of this order be given dasti to the applicant. Punchnama alongwith
photographs, valuation report etc shall be filed in the Court alongwith final report.
One copy of order be uploaded on CIS. Copy of order be also sent to the e-mail
of SHO Ps Civil Lines/Sadar Bazar and Ld. Counsel for the applicant/applicant.
(SHIVLI TALWAR)
MM-06(C)/THC/Delhi/11.12.2020
State V/s Anuj
FIR No. 342/20
P.S. Civil Lines
Act
U/s 25/54/59 Arms
11.12.2020
Courts
Vide Office Order No. 1277/22595-765 DJ(HQVCovid Lockdown/ Physical
Rosterl 2020 dated 25.11.2020, matters are taken up physically.
Since the accused has not appeared in the Court today, let fresh
notice be issued to accused to appear before the Court in person on 17.12.2020
11.12.2020
Vide Office Order No. 1277/22595-765 DJ(HOJCovid
Lockdown/ Physical Courts Rosterl 2020 dated 25.11.2020, matter is
taken up through video conferencing on Cisco Webex.
Present Sh. A.K. Shukla, Ld. Substitute APP for the State.
Sh. Nitin Gupta, Ld. Counsel for the accused has joined the
V.C.
An application for surrender of accused Sumit has been moved
by Ld. Counsel.
Ld. Counsel for accused has submitted that the accused was
Heard.
In view of submission made by Ld. Counsel for accused that
(SHIVLI TALWAR)
MM-06(C)THCIDelhil11.12.2020