Dismissed bail petition of petitioner accused of assaulting deceased's father to death. Denied bail due to brutal nature of assault despite compensation claim. Issued six-month direction for complainant production to revisit bail.
Petition dismissed; conditional direction issued for bail reconsideration if complainant produced within six months.
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-11046 of 2011 Date of Decision: 15.09.2011
Jagdeep Singh
..... Petitioner
Versus
State of Punjab
..... Respondent
CORAM:- HON'BLE MR. JUSTICE M.M.S. BEDI
Present: Mr. Ritesh Pandey, Advocate, for the petitioner.
Mr. K.S. Sidhu, DAG, Punjab.
M.M.S. BEDI, J.
Petitioner is alleged to have assaulted Jaddu Yadav father of the complainant Ram Lal on account of kick blows received by father of the complainant in his stomach and private parts. He died after hospitalization.
Counsel for the petitioner submits that complainant Ram Lal has been compensated and that the deceased died of septicemia.
As the deceased had died on account of brutal beating by the petitioner, I do not find any ground to grant concession of bail to the petitioner.
I have heard counsel for the petitioner that the complainant is avoiding appearance as he is resident of Bihar. It has been informed that the petitioner has been in custody w.e.f. 22.09.2009.
This petition is dismissed. However, a direction is issued that in case, the prosecution agency is not able to produce the complainant within a period of next six months, it will be open to the petitioner to approach this Court again for the grant of bail by producing the copies of the interim orders passed by the trial Court.
(M.M.S. BEDI) JUDGE
15.09.2011 manju
3 issues framed by the court
Whether bail should be granted to the petitioner considering the death of the victim.
Whether the issue of complainant's unavailability justifies granting bail.
What direction to issue regarding the production of the complainant for future bail consideration.
Jagdeep Singh
State of Punjab
M.M.S. Bedi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
