BAIL
BAIL
(CRIMINAL JURISDICTION)
JOGINDER SINGH
… APPLICANT
VERSUS
THE STATE OF NCT OF
DELHI …RESPONDENT
DATE:
NEW DELHI
Filed by:
Appellant/Applicant
(In JC)
(Through Pairokaar)
R/o A-29, Mandir Mohalla,
Samaypur, Libaspur, Delhi-110042
Through
N.S BISHT (ENROL.NO D/108E /2000
HITESH KUMAR (ENROL. NO. D/2661/13)
NITESH KUMAR SINGH (ENROL. NO. D/2741/13)
ABHISHEK BHARDWAJ (ENROL. NO. D/2488/13)
YATIKA CHOUDHARY (ENROL.NO D/552/2018
SURAJ RAWAT (ENROL.NO D/12023/2022)
COUNSELS FOR THE APPLICANT
C-180A, DEFENCE COLONY,
NEW DELHI-24.
MOB. 9650619671 / 9968779099
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CRIMINAL JURISDICTION)
CRL.M. (BAIL) NO. /2023
VERSUS
THE STATE OF NCT OF
DELHI …RESPONDENT
NOTICE OF MOTION
DATE:
NEW DELHI
Filed by:
Appellant/Applicant
(In JC)
(Through Pairokaar)
Through
N.S BISHT ( ENROL.NO D 108E/2000
HITESH KUMAR (ENROL. NO. D/2661/13)
NITESH KUMAR SINGH (ENROL. NO. D/2741/13)
ABHISHEK BHARDWAJ (ENROL. NO. D/2488/13)
YATIKA CHOUDHARY (ENROL.NO D/552/2018
SURAJ RAWAT (ENROL.NO D/12023/2022)
COUNSELS FOR THE APPLICANT
C-180A, DEFENCE COLONY,
NEW DELHI-24.
MOB. 9650619671 / 9968779099
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CRIMINAL JURISDICTION)
Sir,
Kindly treat the accompanying petition as an urgent one under the rules
and regulations of the Hon’ble High Court of Delhi.
Grounds of urgency are: -
Appellant/Applicant
(In JC)
(Through Pairokaar)
R/o A-29, Mandir Mohalla,
Samaypur, Libaspur, Delhi-110042
Through
N.S BISHT ( ENROL.NO D 108E/2000
HITESH KUMAR (ENROL. NO. D/2661/13)
NITESH KUMAR SINGH (ENROL. NO. D/2741/13)
ABHISHEK BHARDWAJ (ENROL. NO. D/2488/13)
YATIKA CHOUDHARY (ENROL.NO
D/552/2018 SURAJ RAWAT
(ENROL.NO D/12023/2022)
COUNSELS FOR THE
APPLICANT C-180A,
DEFENCE COLONY,
NEW DELHI-
24. MOB. 9650619671 / 9968779099
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CRIMINAL JURISDICTION)
JOGINDER SINGH
… APPLICANT
VERSUS
THE STATE OF NCT OF DELHI …RESPONDENT
COURT FEES
Appellant/Applicant
(In JC)
(Through Pairokaar)
R/o A-29, Mandir Mohalla,
Samaypur, Libaspur, Delhi-110042
THROUGH
COUNSELS
N.S BISHT, HITESH KUMAR,
NITESH KUMAR SINGH
ABHISHEK BHARDWAJ,
SURAJ RAWAT, YATIKA CHOUDHARY
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CRIMINAL JURISDICTION)
JOGINDER SINGH
… APPLICANT
VERSUS
THE STATE OF NCT OF
DELHI …RESPONDENT
MEMO OF PARTIES
1. JOGINDER SINGH
S/o Sh. Attar Singh R/o
Village Dheegal Dist.
Jhajjar, Haryana
…APPELLANT/APPLICANT
VERSUS
1. THE STATE
(Govt. of NCT of Delhi)
THROUGH SHO PS- SAMAYPUR BADLI
EMAIL:- [email protected]
… RESPONDENT
DATE:
NEW DELHI
Filed by:
Appellant/Applicant
(In JC)
(Through Pairokaar)
R/o A-29, Mandir Mohalla,
Samaypur, Libaspur, Delhi-110042
Through
N.S BISHT ( ENROL.NO D/108E/2000
HITESH KUMAR (ENROL. NO. D/2661/13)
NITESH KUMAR SINGH (ENROL. NO. D/2741/13)
ABHISHEK BHARDWAJ (ENROL. NO. D/2488/13)
YATIKA CHOUDHARY (ENROL.NO
D/552/2018 SURAJ RAWAT
(ENROL.NO D/12023/2022)
COUNSELS FOR THE
APPLICANT C-180A,
DEFENCE COLONY,
NEW DELHI-
24. MOB. 9650619671 / 9968779099
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CRIMINAL JURISDICTION)
JOGINDER SINGH
… APPLICANT
VERSUS
THE STATE OF NCT OF DELHI …RESPONDENT
9.5.2013 at 3:22:01 AM
A call was received at Delhi Police Control Room from one Nitin Kumar
alleging, “yahan par 2 admiyon ke sath bahut jyada maarpeet ho rhi hai".
9.5.13 AT 3.30 AM
The same was forwarded to PS S.P. Badli at 3.30 am and was recorded as
DD N0.8A. The information was telephonically brought to the knowledge
of HC Jagat who left for the spot.
3.55. AM
Having thus reached the spot HC Jagat Singh at 3.55 am requested that
senior officers be sent to the spot and the information was recorded as DD
No.9A. SI Jhabbu Ram was accordingly apprised and sent to the spot.
On receipt of DD No.9A when SI Jhabbu Ram reached the spot i.eCW-
544, Top Floor, Sanjay Gandhi Transport Nagar, he met the accused
persons there i.e Vinod, Rohtash and the present appellant. On enquiry SI
Jhabbu Ram came to know that the PGR van had already removed the
injured to BSA Hospital. SI Jhabbu Ram, having left beat constable Prem
Singh at the spot, left for BSA Hospital, where he obtained the MLC of
Bhola bearing No.47545/23 and that of Jasbir bearing No.47546/13.The
MLC of Bhola recorded alleged history of physical assault at around12.30
am on 9.5.13 and the patient declared brought dead. Vide the other MLC
Jasbir was found undertreatment whereupon the 10 recorded his statement.
Briefly stated, the injured Jasbir alleged in his statement that for the last
10-12 days he was working as Khalasi i.e helper/conduction truck bearing
No.HR 63-B-5007of Delhi Raipur Road Lines, CW-544, SGT Nagar,
Delhi owned by Vinod and Jogender; the deceased Bhola was driver on the
said truck. He further alleged that Bhola had left with the truck for Raipur,
Chhatisgarh alongwith the conductor Jasbir and the material was unloaded
there from the aforesaid truck on 1.5. 2013.On the instructions of the
owner, Bhola loaded the truck with iron rods to be transported to
Faridabad and Naraina.They reached Faridabad on 7.5.2013at about 9,00
pm, where they unloaded the goods. On 8.5.2013, Bhola made a call to
accused Vinod Kumar that the truck had run out of diesel and they were
not left with any money. On 8.5.2013 at about 8.00 pm, the
appellant,Vinod and Rohtash reached Faridabad in a Santro Car
bearingNo.HR 77 4627 and scolded and slapped Bhola and Jasbir alleging
that they had sold out the diesel and misappropriated the money given to
them for bearing the transit expenses. The accused persons got the truck-
tank refilled with diesel worth Rs.3000and asked Bhola to follow the car;
Bhola obeyed. It was further alleged that when they reached Delhi, the
accused persons forcibly took the deceased out of the truck; assaulted him;
made him sit in the above said car and forcibly brought him to their office
situated at CW-544, 2"^" Floor Sanjay Gandhi Transport Nagar, Delhi at
about 12.00 midnight. At the office, having raised the volume of the
TV,the accused persons inflicted several injuries on the person of the
deceased, besides himself In the meanwhile someone called the
PCR ;Bhola died on the way while being removed to the hospital.
9.5.13, 6.30 AM
On the above statement, ruqqa was sent to PS S.P. Badli through Ct.Ajay,
at 6.30 am on 9.5.13 whereupon vide DD No.11A FIR No.225/13, under
sections 302/323/201 was registered at PS S.P.Badli, and Inspector Rajesh
Kumar alongwith Ct.Surender left for the spot.
29.7.2013
Statement of Ajay Kumar who allegedly made the PGR call was recorded.
11.11.14
FSL report qua the exhibits lifted in the case was sent to the SHO
concerned.
On completion of the investigation the chargesheet was filed; after
compliance of the provisions of section 207 Cr.P.C. the case was
committed to the Court of Sessions, whereupon charge was framed against
the accused u/s 302/201/34IPC.
16.5.2019
The appellant and accused Vinod were convicted by the Ld.Trial Court.
17.5.2019
Order on sentence was passed qua the convicts.
18.07.2023
Hence the present bail application
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CRIMINAL JURISDICTION)
JOGINDER SINGH
… APPLICANT
VERSUS
THE STATE OF NCT OF
DELHI …RESPONDENT
1. That the appellant has filed a criminal appeal, bearing no. “Crl.
application as the same or not being repeated hearing for the sake
of brevity, the appeal could not be heard due to suspension of work
order:
3. That the matter has not been listed since the above order was made.
captioned appealed.
P-2.
surrendered after the said period. Copy of the bail order is annexed
after the said period. Copy of the bail order is annexed herewith as
ANNEXURE P-4.
11.That the Appellant/applicant has all so to look after her ailing wife
who is suffering for mental ailment and is getting treated for the
same. Due to the hearing mental condition of his wife, his children
also need their father to be with them for daily needs and as
ANNEXURE P-6.
13. That the circumstances necessitate that the be granted bail till the
house rent and school fees of the children as well as to for proper
conditions as this Hon’ble Court may deem fit to impose upon him
from justice. Should this Hon’ble court to release him on bail. The
the fears of the prosecution of any kind of likely absence from the
It is, therefore, most respectfully prayed that in the light of aforesaid facts
FIR no 225/2013, under sections 302, 323 and 34 of the Indian penal
b) Pass any other order as this Hon’ble Court may deem fit and proper, in
Filed by:
Appellant/Applicant
(In JC)
(Through Pairokaar)
R/o A-29, Mandir Mohalla,
Samaypur, Libaspur, Delhi-110042
Through
Affidavit of Smt. Sonu (aged about 37 years) W/O Sh. Joginder Singh, R/O
1. That the deponent, is the wife of the appellant and pairokar and as such is
well conversant with the facts of the present case, also have undersigned,
as well as the grounds contained in the accompanying bail application, as
well as the application filed along with the it.
2. That accompanying bail application and the applications along with has
been drafted by the counsel for the appellant / applicant at the
instructions of the deponent and the contents of the same may kindly be
read as part and parcel of this affidavit which is not repeated here for the
sake of brevity.
3. That I am competent to swear this affidavit being well acquainted with
the facts and circumstances of the case.
DEPONENT
VERIFICATION
Verified at Delhi on this day of July, 2023, that the contents of the
above affidavit i.e para 1 to 3 are true and correct to the best of my knowledge.
Nothing material had been concealed therefrom. No part of it is false.
DEPONENT
IN THE HIGH COURT OF DELHI AT NEW DELHI
(CRIMINAL JURISDICTION)
JOGINDER SINGH
… APPLICANT
VERSUS
THE STATE OF NCT OF DELHI
…RESPONDENT
A. That the applicant has filed the accompanying application under Section
389 R/W section 482 of the Cr.P.C. for Grant suspension of sentence and
bail to the Appellant/Applicant in FIR no 225/2013, under sections 302,
323 and 34 of the Indian penal code, P.S. Samaypur Badli. The contents
of the petition are not being repeated herein for the sake of brevity and
the same may please read as if forming part and parcel of the present
application.
1. That the applicant has preferred the accompanying application on
urgent basis and have annexed certain annexures, however, the copies
of the same are true copies of the annexures and the certified
copies/official true typed copies/official true typed copies are not
available for filing the same with the present application.
2. That the applicant undertakes to file the official true typed
copies/certified copies of the annexures as and when directed by this
Hon’ble Court or as and when the same is made available to the
petitioner.
3. That in case the present application is not allowed and the
accompanying application is not entertained without the official true
typed/certified copies of the Annexures, the applicant shall suffer
irreparable loss and injury.
PRAYER
It is therefore, most respectfully prayed that in the interest of
justice this Hon’ble Court may kindly be pleased to exempt the
Petitioner from filing the official true typed/certified copies of the
annexures annexed with the accompanying application, in the
interest and furtherance of justice.
Any other/further relief may also be granted in favour of the
applicant as this Hon’ble court may deem fit and proper in the facts
and circumstances of the case and in the interest of justice.
It is prayed accordingly.
Filed by:
Appellant/Applicant
(In JC)
(Through Pairokaar)
R/o A-29, Mandir Mohalla,
Samaypur, Libaspur, Delhi-110042
Through
Affidavit of Smt. Sonu (aged about 37 years) W/O Sh. Joginder Singh, R/O
1. That the deponent, is the wife of the appellant and pairokar and as such is
well conversant with the facts of the present case, also have undersigned,
as well as the grounds contained in the accompanying bail application, as
well as the application filed along with the it.
2. That accompanying bail application and the applications along with has
been drafted by the counsel for the appellant / applicant at the
instructions of the deponent and the contents of the same may kindly be
read as part and parcel of this affidavit which is not repeated here for the
sake of brevity.
3. That I am competent to swear this affidavit being well acquainted with
the facts and circumstances of the case.
DEPONENT
VERIFICATION
Verified at Delhi on this day of July, 2023, that the contents of the
above affidavit i.e para 1 to 3 are true and correct to the best of my knowledge.
Nothing material had been concealed therefrom. No part of it is false.
DEPONENT