Vijay Kumar Verma - (1.) PRAYER for bail in this 3rd bail application has been made on behalf of the applicant Pappan S/o Parashuram, who is facing trial in S.T. No. 1053 of 2007 arising out of Case Crime No. 15 of 2007 under Sections 460 and 411, I.P.C., P. S. M. M. Gate, District Agra.
(2.) CRIMINAL Misc. 1st Bail Application No. 12632 of 2007 was decided on merit by Hon'ble Shiv Charan, J., (since retired on superannuation) vide order dated 7.8.2007, whereby the bail application was rejected. Thereafter, CRIMINAL Misc. 2nd Bail Application No. 24877 of 2008 was moved, which was rejected for want of prosecution vide order dated 21.5.2008, passed by Hon'ble A. K. Roopanwal, J. An F.I.R. was lodged on 13.2.2007 by the complainant Sudhir Kumar Aggarwal S/o Jagdish Prasad Agarwal at P.S. M.M. Gate, Agra, where a case under Section 460, I.P.C. was registered at Crime No. 15 of 2007 against unknown persons. The averments made in the F.I.R., in brief, are that workshop of the complainant for manufacturing silver wire is situated at Noori Gate, Agra. As usual, the workshop was closed on 11.2.2007 at about 8.00 p.m. At that time, the complainant had left Sahab Singh resident of Village Bahare and chaukidar Toran Singh at the workshop, who had bolted the channel gate from inside. Due to weekly holiday in the market on Monday, nobody went on the workshop. On 13.2.2007, the complainant alongwith the partner Umesh Chandra reached workshop at about 9.00 a.m. and called the chaukidar to open the door, but there was no response, on which the complainant informed the police and nearby persons. When shutter gate of the workshop was broken by the police and all the people went inside, they saw that both chaukidar and employee of workshop were lying dead. A hole (Naqab) was made in the behind wall. Some unknown thieves appeared to have committed theft and after committing the murder of deceased persons, the thieves had carried some cash and silver scrap. After investigation, charge-sheet was submitted against the applicant and other persons and on the case being committed to the Court of Session for trial, S.T. No. 1053 of 2007 has been registered, in which the accused persons including the applicant are facing trial. Heard S/Shri G. S. Hajela and Mithlesh Kumar Shukla, advocates appearing for the applicant and A.G.A. for the State.
(3.) CERTAIN arguments on merit of the case were made by Sri G. S. Hajela and it was submitted by him that the applicant has been made accused in present case merely on the basis of recovery of silver wire, whereas according to the F.I.R., no wire of silver was stolen from the workshop and only the silver scrap is alleged to have been stolen in the fateful night by unknown thieves. It was also submitted by learned counsel that on the basis of the recovery of silver wire on the pointing out of applicant, offence under Section 411, I.P.C. only would be made out, which is triable by Magistrate and hence, the applicant Pappan, who is languishing in jail since 19.2.2007 should be granted bail, as due to delay in trial, his fundamental right of speedy trial envisaged under Article 21 of the Constitution is being violated.;