The High Court of Punjab and Haryana granted bail to the petitioners, arraigned mostly on extra-judicial confession, as the prosecution witnesses did not support the case. No useful purpose served by keeping them in custody.
Released on bail to the satisfaction of the Chief Judicial Magistrate, Rewari.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-110 of 2009 (O&M) Date of decision : 18.04.2009
Sunil and another
....Petitioners
V/s
State of Haryana
....Respondent.
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. K.K. Aggarwal, Sr. Advocate with Mr. Kapil Aggarwal, Advocate for the petitioners.
Mr. Tarun Aggarwal, Sr. DAG Haryana.
RAJAN GUPTA J. (ORAL)
Crl. Misc No. 18855 of 2009
This is an application for placing on record Annexures P-6 and P-7. The prayer is allowed and Annexures P-6 and P-7 are taken on record.
Crl. Misc. No. M-110 of 2009
Counsel for the petitioners submits that petitioners were arraigned as an accused in this case only on the basis of extra-judicialconfession before two Panches namely Partap Singh and Deepak. According to the counsel, statements of both the person have been recorded by the trial court on 17.03.2009 when they stepped into the witness box as PW-1 and PW-2. Learned counsel submits that both the prosecution witnesses have not supported their prosecution case. Learned counsel for the State is not in a position to dispute this factual contention.
Under the circumstance, no useful purpose would be served by keeping the petitioners in custody during the pendency of the trial. Without expressing any opinion on the merits of the case, petitioners are directed to
Crl. Misc. No. M-110 of 2009 (O&M)
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be released on bail to the satisfaction of Chief Judicial Magistrate, Rewari.
18.04.2009 (RAJAN GUPTA) Ajay JUDGE
2 issues framed by the court
Whether the petitioners should be released on bail based on the non-support of prosecution witnesses.
Whether the extra-judicial confession recorded by Panches forms the sole basis for arraigning the petitioners.
Sunil
another
State of Haryana
RAJAN GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
