Suraj v. the State
Case brief
What is this about?
Single judge order granting regular bail to the petitioner in a murder case under Section 439 Cr.P.C. The petitioner was admitted to bail on furnishing a personal bond of Rs. 50,000 with one surety in a like amount to the satisfaction of the Trial Court.
What did the court decide?
Petitioner admitted to bail on personal bond of Rs. 50,000 with one surety in like amount to the satisfaction of the Trial Court.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- BAIL APPLN. 2104/2017
SURAJ
..... Petitioner
Through : Mr.Manoj Khatri, Advocate with Mr.J.P.Sharma, Advocate. versus THE STATE ..... Respondent Through : Mr.Amit Chadha, APP with Insp.Nar Singh, PS Mundka. CORAM: HON'BLE MR. JUSTICE S.P.GARG O R D E R % 06.02.2018
- The petitioner seeks regular bail under Section 439 Cr.P.C. in case FIR No.429/2015 registered under Sections 302/201/120B/34 IPC at PS Mundka. Status report is on record.
- I have heard the learned counsel for the parties and have examined the file. Upon completion of investigation, charge-sheet has already been filed. The petitioner is in custody since 26.08.2015. The prosecution case is based upon circumstantial evidence. The victim Ram Niwas and the petitioner were acquainted with each other prior to the incident. It is alleged that Ram Niwas suffered loss in the business and he could not return the money amounting to
4.5 lacs /5 lacs invested by the petitioner in the business. It prompted the accused persons to murder Ram Niwas. As per status report only purse of the deceased and rope used for strangulation were recovered at the instance of accused persons.
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Issues for consideration
2 issues framed by the court
Whether the petitioner is entitled to be admitted to regular bail in a murder case involving circumstantial evidence and pending investigation.
Whether the personal bond with one surety satisfies the conditions for bail in the present case.
Parties & counsel
- petitioner
Suraj
- respondent
The State
Coram
S.P. Garg
Case details
As recorded by the court registry
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