Petition for bail in an assault case resulting in the deceased's death. Court noted prosecution witnesses remain. Denied bail, deeming trial at the final stage and finding a risk of absconding.
Bail denied; prosecution directed to examine remaining witnesses on 10.9.2011.
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-M-14020 of 2011 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH *****
CRM-M-14020 of 2011 (O&M) Date of Decision:16.08.2011
Gurdev Singh
. . .Petitioner
Versus
State of Punjab
. . . Respondent
*********
**CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN *******
Present: Mr.S.C. Sabharwal, Advocate, for the petitioner.
Mr.A.S.Rai, DAG, Punjab.
Ms.G.K. Mann, Advocate, for the complainant.
RAKESH KUMAR JAIN, J (ORAL)
This is a petition for bail in a pending trial case registered vide FIR No.62 dated 20.4.2008 under Sections 302, 201 & 511/34 of the Indian Penal Code, 1860 (for short ‘IPC’) at Police Station Jhabhal, District Tarn Taran (Subsequently FIR converted under Section 304 IPC).
The FIR is registered on the statement of Sukhdev Singh son of Balwinder Singh (deceased) in which he had alleged that his deceased father had gone to the field to irrigate Barseen crop. At about 11.30 AM, he and his mother Gurjit Kaur were carrying tea for his deceased father and were on bicycle. When they reached barseen field, he saw his father Balwinder Singh (deceased) standing near the transformer and at that time Gurdev Singh (petitioner) and other persons, who are named in the FIR, came running to him shouting that he should not touch the switch which has been switched off by them. They also threatened him that they would kill him. On this they quarreled with him and started giving fist blows. It is alleged that Gurdev Singh (petitioner) picked up a brick lying on the paha (path) and hurled towards his father which hit at his neck and his father fell down. Thereafter he along with his mother rushed to his father and found him dead.
CRM-M-14020 of 2011 (O&M)
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Learned counsel for the petitioner has submitted that PW2, Dr. Nirmal Singh, who has conducted the postmortem, has stated that cause of death is due to sudden fear (Vasovagal Shock) which could happen to a person under fear of a possible injury. He has also said that the injury caused to the deceased cannot be ruled out due to fall on the ground and no injury is found on the neck.
On the other hand, learned counsel for the State with assistance of learned counsel for the complainant has submitted that the petitioner is responsible for accelerating death of the deceased Balwinder Singh to whom he has alleged to have given a brick bat blow on the neck as a result of which he had suffered Vasovagal Shock.
Learned counsel for the petitioner further submits that the petitioner is in custody since 8.12.2008 and is at the most guilty of an offence under Section 304 part II of the IPC. In this regard, it is submitted by learned counsel for the respondent that trial is at the fag end as only the Investigating Officer and one more prosecution witnesses are left to be examined on 10.9.2011.
After hearing learned counsel for the parties and keeping in view the facts and circumstances of the case, I do not find it to be a fit case for grant of bail at this stage as trial is at the fag end and there is a possibility of the petitioner to flee from justice in case he apprehends his conviction.
Prosecution is however, directed to examine all the witnesses on 10.9.2011 positively.
A copy of this order be given to learned State counsel under the signature of the Bench Secretary of this Court for compliance of the direction.
(RAKESH KUMAR JAIN) JUDGE
AUGUST 16, 2011 Vivek
2 issues framed by the court
Whether bail should be granted to the petitioner at the stage when the trial is nearing completion.
Whether the possibility of the petitioner fleeing from justice precludes bail grant.
2 provisions across 1 enactments
Gurdev Singh
State of Punjab
Rakesh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
