Petitioner sought regular bail under Section 439 CrPC in murder case. Court rejected plea after finding serious allegations including extra-judicial confession and recovery of weapon based on petitioner's disclosure.
Regular bail prayer refused; petition dismissed.
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Criminal Misc. No. M-33224 of 2010
1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-33224 of 2010 Date of decision : 13.12.2010
Baljit Singh
....Petitioner
V/s
State of Punjab
....Respondent
BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA
Present: Mr. Vipin Mahajan, Advocate for the petitioner.
Mr. V.K. Jindal, Additional Advocate General, Punjab.
RAJAN GUPTA J. (ORAL)
This is a petition filed under Section 439 of the Code of Criminal Procedure seeking regular bail in a case registered against the petitioner vide FIR No. 36 dated 05.04.2009 under Sections 302 & 34 IPC at Police Station Qadian Police District Batala, District Gurdaspur.
Learned counsel for the petitioner has argued that petitioner has been in custody for a sufficiently long time and trial of the case is still at the stage of recording prosecution evidence. He, therefore, submits that petitioner is entitled to be enlarged on bail.
Learned State counsel has vehemently opposed the prayer for bail. He submits that petitioner is the main accused in this case as he was last seen with the deceased as also the extra judicial confession made before the Kala Singh (PW-6). He further submits that recovery of motorcycle and dagger has been effected on the basis of disclosure statement made by the petitioner.
Criminal Misc. No. M-33224 of 2010
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I have heard learned counsel for the parties.
The allegation against the petitioner is that he killed the wife of
the complainant by snapping her wind pipe by means of dagger. Several incised wounds are alleged to have been found on the dead body. This apart, PW-5 Kulwant Singh had deposed regarding the factum of petitioner being last seen with the deceased. PW-6-Kala Singh deposed regarding the confession made by accused before him.
In view of seriousness of the allegations, I am of the considered
view that petitioner is not entitled to concession of bail. The petition is devoid of merit and is hereby dismissed. December 13, 2010 (RAJAN GUPTA) Ajay JUDGE
1 issue framed by the court
Whether the petitioner is entitled to regular bail in a murder case at the stage where trial is recording evidence.
1 provisions across 1 enactments
Baljit Singh
State of Punjab
Rajan Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
