This is a bail petition in a murder and related offenses case. The petitioner claimed his injury caused role was simple and not against the victim. The High Court allowed the petition granting bail.
Petitioner No.1 is directed to be released on bail on furnishing bail bonds to the satisfaction of the trial Court.
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
CRM-M-14316 of 2011 (O&M) Date of Decision: 02.08.2011
Arif and another
. . .Petitioners
Versus
State of Haryana
. . . Respondent
*********
CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
*********
Present: Mr.Ashok K. Sharma, Advocate, for petitioner No.1.
Mr.Vikas Malik, AAG, Haryana.
*********
RAKESH KUMAR JAIN, J (ORAL)
This is a petition for bail in a pending trial case registered vide FIR No.271 dated 9.8.2010 under Sections 148, 302, 323, 427, 452, 506 & 149 of the Indian Penal Code (for short ‘IPC’) at Police Station Hathin, District Palwal.
Learned counsel for petitioner No.1 has submitted that he is in custody since 10.8.2010 and the role attributed to him is that he had given an injury with axe from its reverse side on the ear of Alam s/o Mehboob. He further submits that the injury caused by petitioner No.1 is simple in nature and there is no allegation that he has caused any injury to the deceased child.
Learned counsel for the State, however, submits that the role of petitioner No.1 is specific in the FIR as well as in the statement made under Section 161 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.)
After hearing learned counsel for the parties and taking into consideration the facts and circumstances of the case, the present petition is allowed. Petitioner No.1 is directed to be released on bail on his furnishing bail bonds to the satisfaction of the trial Court.
(RAKESH KUMAR JAIN) JUDGE
AUGUST 02, 2011 vivek
1 issue framed by the court
Whether the petitioner is entitled to bail in a trial case involving culpable homicide not amounting to murder or murder and other offenses.
1 provisions across 1 enactments
Arif
State of Haryana
Raksh Kumar Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
