In a bail petition filed by accused in a murder-fir, the High Court of Punjab and Haryana, noting that the son of the accused and the accused's brother died in the incident, granted bail pending trial.
Petitioners directed to be released on bail pending trial subject to furnishing of bail bonds to the satisfaction of the Magistrate, Barnala.
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.
Criminal Misc. No. M-12222 of 2011 [1
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Criminal Misc. No. M-12222 of 2011 (O&M) Date of decision: 20.7.2011
Ajit Singh and another
.. Petitioners
v.
The State of Punjab
.. Respondent
CORAM: HON'BLE MR. JUSTICE RAJESH BINDAL
Present: Mr. H. R. Nohria, Advocate for the petitioners.
Mr. J. S. Sandhu, Assistant Advocate General, Punjab.
Rajesh Bindal J.
The petitioners are accused in FIR No. 164 dated 25.11.2010, registered under Sections 306/34 IPC, Police Station, Dhanaula, District Barnala.
In the present case, the son and daughter-in-law of petitioner No. 1 died on account of a fire incident in the house they were living in. Petitioner No. 2 is the son of petitioner No. 1. The petitioners have been booked on a complaint made by the brother of the daughter-in-law alleging that the petitioners were compelling her to develop illicit relations with them in case she wants share in the property. The marriage had been solemnised on 19.10.2010, whereas the case set up by the petitioners is that petitioner No. 1 is 69 years old. The petitioners were living separate whereas the son of petitioner No. 1 and daughter-in-law were living separate, though in the same village. They had nothing to do with their matrimonial life. They are in custody since 25.11.2010. The fact that even
Criminal Misc. No. M-12222 of 2011 [2
the son of petitioner No. 1 (brother of petitioner No. 2) had also died in the incident would prima facie show that the allegations in the FIR regarding their pressing the wife of the deceased (daughter-in-law of petitioner No. 1) to have illicit relations with them are false. Though the charges against the petitioners have been framed, the trial is yet to commence.
On the other hand, learned counsel for the State submitted that there are specific allegations against the petitioners in the FIR, hence the petitioners do not deserve the concession of bail pending trial.
After hearing learned counsel for the parties, in my opinion, considering the allegations in the FIR and also the fact that son of petitioner No. 1 and brother of petitioner No. 2 had also died in the fire incident, the petitioners are directed to be released on bail pending trial subject to furnishing of their bail bonds to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Barnala.
The petition stands disposed of.
(Rajesh Bindal) Judge
20.7.2011 mk
1 issue framed by the court
Whether the petitioners should be released on bail pending trial
Ajit Singh and another
The State of Punjab
Rajesh Bindal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
