In a murder case, the High Court allowed the petitioner's bail petition. The court noted the absence of direct evidence, reliance on extra-judicial confession, and lack of prior history, deeming continued detention unnecessary.
Petitioner directed to be released on bail upon furnishing bail and surety bonds 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.
CRM No.M-22236 of 2010 1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Date of Decision:-27.9.2010
Rakesh Kumar son of Jai Kishan ...Petitioner
Versus
State of Punjab ...Respondent
CORAM: HON'BLE MR.JUSTICE MEHINDER SINGH SULLAR
Present: Ms.Neelofer Abida Perveen, Advocate for the petitioner. Mr.Shilesh Gupta, D.A.G.Punjab.
Mehinder Singh Sullar, J . (Oral)
Having exercised his right of regular bail and lost in the Court of Session, petitioner Rakesh Kumar son of Jai Kishan, has directed the present petition for regular bail in a case registered against him, vide FIR No.15 dated 1.4.2009, on accusation of having committed the offence punishable under section 302 IPC by the police of Police Station Laduwal, Distt.Ludhiana, invoking the provisions of section 439 Cr.PC.
CRM No.M-22236 of 2010 2
27.9.2010 (Mehinder Singh Sullar) AS Judge
2 issues framed by the court
Whether the petitioner is entitled to regular bail in the absence of direct evidence and reliance solely on extra-judicial confession.
Whether the length of conclusion of the trial due to limited prosecution evidence warrants bail.
2 provisions across 2 enactments
Rakesh Kumar
State of Punjab
Mehinder Singh Sullar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
