In this bail petition under Sections 302/120B IPC and Arms Act, the Court considered the petitioner's antecedents from other pending cases. Rejecting the claim that the case is not proved, the Court held the petitioner to be a habitual offender and denied bail.
Petitioner not enlarged on bail.
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-12468 of 2010 (O&M)
Date of Decision: February 15, 2011
Sagar Puri.
…Petitioner
Versus
State of Punjab.
… Respondent
CORAM: HON’BLE MR. JUSTICE ALOK SINGH
Present: Mr. K.L. Chaudhri, Advocate, for the petitioner.
Ms. Bhavna Gupta, DAG, Punjab, for the respondent-State.
Alok Singh, J. (Oral)
This is a petition seeking regular bail in case F.I.R. No. 77 dated 19.08.2009, under Sections 302/120B/148/149/34 of the Indian Penal Code and Section 25/27/54 of the Arms Act, registered at Police Station Cantt. Ferozepur.
Statement of Vishal-complainant had already been recorded and now, trial is fixed for further evidence for
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CRM M-12468 of 2010
21.03.2011. Learned counsel for the petitioner states that from the statement of Vishal-complainant, case against the petitioner is not proved.
Learned Deputy Advocate General, Punjab, on the instructions of ASI Naveen Kumar, has stated that prior to the incident in question, petitioner was involved in the following criminal cases:-
and after registration of the present, another case FIR No. 208 dated 23.09.2009, under Sections 307/452/326/324 IPC and Section 25/27 of the Arms Act, Police Station Sadar Ferozepur, was also registered against the petitioner.
Petitioner seems to be habitual offender. It seems that after coming out from Jail on bail, he may indulge in criminal activities.
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CRM M-12468 of 2010
Considering totality of the facts and
circumstances of the case, I am not inclined to enlarge the
petitioner on bail.
Dismissed.
February 15, 2010 ( Alok Singh ) vkd Judge
2 issues framed by the court
Whether regular bail should be granted to the petitioner in a murder and arms case considering his antecedents.
Whether the petitioner qualifies as a habitual offender warranting denial of bail.
2 provisions across 2 enactments
Sagar Puri
State of Punjab
Alok Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
