The High Court allowed a bail petition for a criminal petitioner in custody. The Court noted the trial's slow pace, limited prosecution testimony, and reliance on an extrajudicial confession from an unpolluted witness, ordering release.
Petitioner released on bail to the satisfaction of the trial Court.
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 PUNJAB AND HARYANA AT CHANDIGARH
Crl.Misc.No.M-14944 of 2009 (O&M) Date of Decision:- 24 .08.2009 Mahipal @ Kale ....Petitioner(s) vs. State of Haryana ....Respondent(s) ***
CORAM:- HON'BLE MR.JUSTICE AUGUSTINE GEORGE MASIH
Present:Mr.Gorav Kathuria, Advocate, for the petitioner.
Mr.Yash Pal Malik, AAG, Haryana.
AUGUSTINE GEORGE MASIH, J.
Counsel for the petitioner contends that there is only an extrajudicial confession, cited against the petitioner. He further contends that the petitioner is not named in the FIR and as per the extra-judicial confession, the petitioner and the deceased had taken alcohol in the house of one Santa. He contends that neither the statement of said Santa has been recorded under Section 161 Cr.P.C. nor he has been cited as a witness before the trial Court. He further contends that there is no direct evidence which would show that the petitioner was involved in the commission of crime. On this basis, counsel contends that it would be a matter of evidence which would be decided at the stage of trial. He contends that the petitioner is in custody since 15.1.2009 and the trial is not proceeding at a sufficient pace as out of the 20 witnesses cited by the prosecution, only 5 prosecution witnesses have been examined till date. He further contends that the trial is not likely to conclude soon and, therefore, further incarceration of the petitioner would
Crl.Misc.No.M-14944 of 2009
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not be of any use.
On the other hand, counsel for the State submits that the next date of hearing before the trial Court is 17.9.2009 when the evidence of the prosecution witnesses is likely to be recorded.
I have heard counsel for the parties. In the light of the fact that the petitioner is in custody since 15.1.2009 and out of the total 20 witnesses, only 5 witnesses have been examined and further taking into consideration the fact that there is only an extra-judicial confession which is stated to be against the petitioner and the place where the alcohol was taken by the petitioner and the deceased is that of the house of Santa, who again has not been cited as a witness nor his statement under Section 161 Cr.P.C. has been recorded, besides the fact that, the trial is not likely to conclude soon, the present petition is allowed and the petitioner is directed to be released on bail to the satisfaction of the trial Court.
August 24, 2009 ( AUGUSTINE GEORGE MASIH ) poonam JUDGE
1 issue framed by the court
Whether bail should be granted to a petitioner in custody where the trial is delayed and reliance is solely on an extrajudicial confession of a witness not examined by the prosecution.
1 provisions across 1 enactments
Mahipal @ Kale
State of Haryana
Augustine George Masih
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
