The High Court of Himachal Pradesh dismissed an application for bail under Section 439 Cr.P.C. in a murder case involving land dispute. The court held that due to the serious allegations and the filing of the challan, bail was not in public interest.
Bail application dismissed; no merit found.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA Cr.MP(M) No. 1047 of 2009.
Date of decision: December 11, 2009.
Jaspal Singh …..Petitioner.
Vs.
State of H.P. …. Respondent.
Coram
The Hon’ble Mr. Justice Kuldip Singh, Judge. Whether approved for reporting?1 For the petitioner : Mr. J.R. Poswal, Advocate. For the Respondent : Mr. A.K. Bansal, Addl. A.G. with Mr. R.P.Singh, Asstt. A.G.
Kuldip Singh, Judge (Oral) .
This is an application under Section 439 Cr.P.C. for releasing the petitioner on bail in F.I.R. No. 133/09 dated 20.5.2009, registered at Police Station, Nalagarh, under Sections 302, 34, 120B IPC and Section 25 of the Arms Act. The status report has been filed. 2. Heard and perused the record. It has been submitted by the learned counsel for the petitioner that as per prosecution case some dispute was going on in between one Sodhi Singh and father of deceased Kirpal Singh regarding their land. On account of enmity, Sodhi Singh engaged one Sanju on payment of Rs.50,000/- to kill Kirpal Singh out of which an amount of Rs.20,000/- was paid in advance on 19.5.2009 and the remaining amount was to be paid after the execution of plan to murder Kirpal Singh. On 19.5.2009 Kirpal
Whether the reporters of the local papers may be allowed to see the Judgment?
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Singh had gone to attend his duties in the factory, the duty of Kirpal Singh was over at 11.00 p.m. on 19.5.2009 and he was returning home on his motor cycle. The petitioner and others way laid Kirpal Singh near Androla bridge and Sanju shot dead Kirpal Singh. They wanted to throw the dead body of Kirpal Singh near a Khad, in the meantime a truck reached there. The truck driver stopped the truck and all assailants fled from there.
3. The dead body of Kirpal Singh was found lying on the road side next day. Kulwant Singh father of Kirpal Singh has lodged the report with the police, thereafter, police conducted the investigation. It has been alleged that petitioner has been arrested on suspicion and he is in judicial custody. The petitioner had filed bail application before the learned Additional Sessions Judge, Solan, which was rejected on 11.11.2009. The challan has already been submitted in the court.
4. The bail application has been opposed by the learned Additional Advocate General on the basis of status report. It has been submitted by the learned Addl. Advocate General that involvement of the petitioner and other accused has been established during investigation. The petitioner and other accused were talking to each other on mobile phones at the relevant time. Jagir Singh in his statement under Section 161 Cr.P.C., has stated that on 19.5.2009 after doing electric repair work, he was returning from Panjehra to his home on motor cycle, at about 11.30 p.m., he reached Androla bridge where five boys were standing, they forcibly stopped him. Vicky caught hold him from neck and slapped him. Sanju said he is not the
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same person, leave him, Sanju was holding `Katta’ in his hand. The other boys Rinku etc. were also there.
5. I have considered the rival contentions of the learned counsel for the parties. In the status report, it has been stated that Rinku is the alias name of Jaspal Singh petitioner. The dead body of Kirpal Singh was found near Androla bridge on next day morning. It is the case of the prosecution that petitioner and others in conspiracy with each other committed the murder of Kirpal Singh for which Sanju was hired on payment of Rs. 50,000/- and out of that Rs. 20,000/had already been paid to him. The allegations are serious. It is not in public interest to release the petitioner on bail at this stage. The challan has already been filed in the court. There is no merit in the bail application, which is accordingly dismissed.
6. The observations made in the order are for the disposal of the bail application and shall have no bearing on the merits of the case.
December 11, 2009. (Hem)
( Kuldip Singh ),
Judge.
2 issues framed by the court
Whether the petitioner be released on bail in a conspiracy to murder case where the challan has been filed.
Whether bail is in public interest in the given facts of the case.
1 provisions across 1 enactments
Jaspal Singh
State of H.P.
Kuldip Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
