In a bail application under Section 439 CrPC regarding murder charges, the High Court held that no ground for bail existed due to the serious nature of the offence. The petition was dismissed with directions to expedite the trial.
Bail application dismissed; directions to expedite trial.
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-21917 of 2010
Date of decision : 14.10.2010
Babu @ Amit
…. Petitioner
Versus
State of Haryana
….. Respondent
Present : Mr. Sanjay Jain, Advocate for the petitioner. Mr. K.C. Gupta, Sr. DAG, Haryana.
S.S. SARON, J.
Heard counsel for the parties.
The petitioner seeks regular bail in a case registered against him for the offences under Sections 148, 149, 323, 324, 302, 216 and 120-B IPC at Police Station Ambala City, District Ambala.
The FIR in the case has been registered on the statement of Tarvinder Singh @ Bunty. The complainant and his brother Amnender Singh @ Baba were looking after their household affairs. About three months’ earlier to the incident which occurred on 6.11.2009 outside the S.A. Jain College, Ambala City, Sahil son of Chander along with his many friends had fought with the complainant and he (Sahil) had received injuries. After police investigation, the petitioner and his brother were released on bail. Due to this Sahil had nursed a grudge against them and was repeatedly threatening the complainant and his brother. On 6.11.2009 at about 12.00 noon, the complainant and his brother Amnender were riding on a motorcycle of the friend of the complainant namely Sunny. They
Crl. Misc. No. M-21917 of 2010 [2]
were going to enquire about Prabhbir son of Amnender who was studying in nursery in Saint Joseph School, Preet Nagar, Ambala. When they reached in front of DAV College, Ambala then Amit, Sahil, Monty, Surender @ Chotu, Radhey and his brother Rohit, Babu @ Amit (petitioner), Aman @ Billa, Aman @ Paharia, Raja and 4-5 other boys stopped them. They (assailants) said that this was the right time to take revenge of the fight that took place at the Jain College. By saying this, Sahil and Radhey raised Lalkara and asked Bunty and Baba @ Amit (petitioner) to encircle the complainant and scores be settled. All the assailants were carrying small/big swords. The complainant saw Sahil and Monti were having small swords and on raising Lalkara all the assailants pulled down the complainant and his brother Amnender from their motorcycle and encircled them. They attacked the complainant and his brother Amnender with swords in their hands. Since at the spot there were many in number who had attacked the complainant, hence the complainant could not see as to who was attacking whom. Due to the sword blows, the complainant received injuries on both his hands, on both knees, on the left elbow and on the head. The complainant and his brother in order to save their life ran towards the badminton hall of DAV College, Ambala. The complainant fell down near the cycle stand while running and his brother Amnender ran towards the badminton hall. At the spot, all the assailants raised lalkara of ‘mar dalo mar dalo’ and some people were shouting ‘bachao bachao’. While Amnender (brother of the complainant) was running, the assailants caused several injuries with swords to him and blood was oozing out from his head, waist and from different parts of his body and he (brother of the complainant) in order to save his life entered inside the badminton hall of DAV
Crl. Misc. No. M-21917 of 2010 [3]
College, Ambala and all the assailants also entered the hall after him and killed him. The complainant tried to save his brother till the end but being alone he could not do anything. In the hall, the complainant tried to intervene between his brother, but they did not allow the complainant to come forward. The brother of the complainant fainted at the spot. The complainant also could not stand on account of the injuries. All the attackers after believing that they had killed the complainant and his brother ran away from the spot along with their respective weapons. The friend of the complainant namely Sunny shifted the complainant to Civil Hospital, Ambalal City with the help of other persons. The complainant was informed that his brother Amnender had died. The above-said assailants who were armed with swords, it is stated, had caused injuries to the complainant and his brother. The complainant had suffered many injuries on different parts of his body. His brother Amnender had died on account of the injuries suffered by him. It was requested that legal action be taken.
The contentions of the learned counsel for the petitioner that no specific injury has been attributed to the petitioner and no recovery of any weapon is to be effected from the petitioner as also that the petitioner was out of station on the day of the alleged incident is to be considered and gone into by the learned trial Court. The case relates to murder of Amnender, brother of the complainant, by chasing him by the assailants which includes petitioner who is specifically named. In fact no specific role has been attributed to any of the assailants but the fact remains that the complainant is a stamp witness inasmuch as he was injured. Besides, he saw the entire occurrence where his brother was done to death after being chased. He (brother
Crl. Misc. No. M-21917 of 2010 [4]
of the complainant) ran inside the badminton hall of the DAV College, Ambala to save himself but the assailants who were armed with weapons chased him and killed him.
In view of the abovesaid facts and circumstances, no
ground for grant of regular bail is made out at this stage.
Accordingly, the Crl. Misc. petition is dismissed at this stage. However, it is hoped that the trial Court shall expedite the trial in the case.
(S.S. SARON) JUDGE
October 14, 2010 amit
3 issues framed by the court
Whether regular bail is maintainable for the petitioner charged with murder and other offences.
Whether any ground exists for granting bail in a case involving murder by an armed group.
Whether the impugned order denying bail should be modified.
5 provisions across 1 enactments
Babu @ Amit
State of Haryana
S.S. Saron
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
