Petitioner sought bail under Section 439 Cr.P.C. in a murder case where he was arrested based on a post-occurrence statement by a witness, alleging false implication due to personal enmity.
Order appointing no finding on merits as the file was remanded to Chief Judicial Magistrate for proper furtherance.
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.
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Criminal Misc. No. M-287 of 2009 (O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-287 of 2009 (O&M) Date of Decision:13.02.2009
Bawa Singh
.....Petitioner
Vs.
State of Punjab
.....Respondent
CORAM:- HON'BLE MR. JUSTICE HARBANS LAL
Present:Mr. Anil Chawla, Advocate for the petitioner.
Mr. T.S. Salana, Deputy Advocate General, Punjab.
JUDGMENT
HARBANS LAL, J.
This petition has been moved by Bawa Singh under Section 439 of Cr.P.C seeking regular bail in case FIR No.152 dated 21.8.2008 registered under Sections 304/304-A of IPC at Police Station Patti, District Tarn Taran.
The facts in brief are that on 21.8.2008 Baljinder Singh made statement stating that “My mother on 14th day sat on `Gadi' of Baba Wad Bhag Singh in the house. On 20.8.2008, my mother Raj Kaur at 6'o Clock in the evening went to Tarn Taran and did not return in the night. Today in the morning, my mother telephoned that she is coming to Patti on foot, come and take her. On this, I and my brother Kulwinder Singh on motor cycle went from Patti for taking her. At about 8'o Clock in the morning when we reached near Baithak of Ajit Singh son of Piara Singh, Jat resident of Kairon, I saw that my mother was lying dead on the western side of the road. Her head bore injuries. Her head seemed to have been crushed and
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Criminal Misc. No. M-287 of 2009 (O&M)
blood was oozing out. It appeared that some unknown person had hit her with the side of unknown vehicle.
I have heard the learned counsel for the parties, besides perusing the record with due care and circumspection.
Learned counsel for the petitioner has submitted with great eloquence that the petitioner has not been named in the FIR. He has been arrested on the basis of the statement of Charan Singh, Member, Gram Panchayat. The role attributed to the petitioner is that he crossed the motor cycle twice over neck of the deceased within the view of Charan Singh. The petitioner has been falsely implicated in the present case due to his enmity with the said Charan Singh as the former had lodged a campaign against latter in the Gram Panchayat Election. That On bare perusal of allegations in the FIR, no offence under Section 304 IPC is made out.
To controvert these submissions, Mr. T.S. Salana, Deputy Advocate General, Punjab maintained that in view of Charan Singh's statement, the offence under Section 304 of IPC is made out.
I have well considered the rival contentions. The occurrence took place on 21.8.2008. The statement of Charan Singh came into being on 2.9.2008 which is obviously after 11 days of this occurrence. It is yet to be determined as to whether or not the occurrence was witnessed by Charan Singh. The petitioner is in custody since 4.9.2008. The completion of trial is likely to take considerable period. Bail to the satisfaction of Chief Judicial Magistrate, Tarn Taran.
February 13, 2009 renu Whether to be referred to the Reporter? No
( HARBANS LAL ) JUDGE
1 issue framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in the instant maintenance case
2 provisions across 2 enactments
Bawa Singh
State of Punjab
Harbans Lal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
