Criminal Procedure Code, 1973
Section 439—Bail—Murder case—FIR registered under Sections 302/120B of IPC and Sections 25/27 of the Arms Act—Basic thrust of counsel for petitioner is on the plead-guilty plea taken by petitioner stating that he was responsible for murder of deceased, however, done as part of road rage—Accepting such plea at this stage would be untenable, when petitioner has already pleaded not guilty and a full trial is already underway, as also when investigation, as per the prosecution, has revealed a larger conspiracy involving other accused for the killing—It would be incongruous, inappropriate and illogical at this stage, and would sabotage a proper adjudication of the matter, as also erode possibility of complete justice, if such a plea of guilt is accepted—Plea of guilt and basis on which it is presented, that killing was in road rage, is completely at odds with what the investigation has revealed and would be an integral part of prosecution's case—Bail application of petitioner will have to be considered aside from and de hors the plea of plead guilty—Considering facts and circumstances and what has been revealed by investigation, the petitioner is alleged to be a contract killer who was requisitioned for killing of deceased at the behest of a conspiracy hatched—To allow the release of petitioner while the trial is still underway and only three witnesses have been examined whereas as per status report 30 material witnesses are still to be examined, would be placing the witnesses and trial in jeopardy—Petitioner therefore cannot be enlarged on bail at this stage—Releasing petitioner on bail would clearly fall foul of a various decisions of the Apex Court which have rejected bail on the possibility of accused's likelihood to repeat similar offences, or to feel from justice, or to influence the witnesses, or tamper with evidence, or apprehension to family of victims or to complainant—Even as per nominal roll of petitioner while there are no previous involvements, various punishments have been awarded for misconduct during jail during the period in 2019 as well as in May and July, 2022 including attacking co-inmates and abusing escort guards in court lock-up—Application dismissed.
[Paras 7 to 9]