The Single Judge dismissed the petitioner's application for anticipatory bail in an FIR regarding death. The court held there is no case for bail due to the specific allegations and the gravity of the offence, noting the complainant died after the FIR.
The application for grant of anticipatory bail was dismissed.
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 FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
CRL.M.NO.17530-M of 2010 DATE OF ORDER: 26.7.2010
Kuldeep
.....Petitioner
vs.
State of Haryana
....Respondent
CORAM: HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. P.S. Jammu, Advocate for the petitioner.
Mr. M.S. Sindhu, Addl.A.G, Haryana.
JASWANT SINGH, J (ORAL)
Prayer is for grant of anticipatory bail in case FIR No.290 dated 31.5.2010 under Sections 306/511 IPC, P.S. Chandni Bagh, District Panipat.
Learned state counsel, on instructions from SI Jagbir Singh, CIA Staff, Rohtak, points out that after filing of affidavit dated 25.6.2010 by the petitioner that the complainant Savita had not died, said Savita expired on 27.6.2010.
It is not disputed by learned counsel for the parties that the Judicial Magistrate has recorded the statement of the complainant under Section 164 Cr.P.C wherein petitioner has specifically been named as one of the persons, who is responsible for her predicament.
In view of the nature of allegations and gravity of offence, no case is made out for grant of anticipatory bail.
Dismissed.
July 26, 2010 ( JASWANT SINGH ) manoj JUDGE
2 issues framed by the court
Whether anticipatory bail is maintainable in a case involving the death of a complainant where the petitioner was implicated via a recorded statement under Section 164 Cr.P.C.
Whether the delayed death of the complainant and the gravity of the offence justify refusal of anticipatory bail.
2 provisions across 2 enactments
Kuldeep
State of Haryana
Jaswant Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
