Single-judge oral order granting regular bail to petitioner in case involving murder attempt and offenses under IPC and Arms Act, based on victim being discharged and period of incarceration, without going into merits.
Concession of bail granted to petitioner satisfactory to the CJM/Duty Magistrate, Panipat.
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 NO.22598 of 2011 (O&M)
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IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH
CRM-M NO.22598 of 2011 (O&M) Date of decision: 18.10.2011
Moti Ram
.... Petitioner
Versus
State of Haryana
....Respondent
CORAM: HON'BLE MR. JUSTICE AJAY TEWARI
Present:Mr. H.S. Gill, Sr. Advocate with Mr. Vivek Goel, Advocate, for the petitioner. Mr. Man Mohan Sikka, DAG, Haryana.
Mr. Vinod Bhardwaj, Advocate for the complainant.
Ajay Tewari, J.(Oral)
This petition has been filed under Section 439 Cr.P.C. for release of petitioner on regular bail in case FIR No.64 dated 21.03.2011 registered under Sections 307, 324, 326, 506/34 IPC and 25/54/59 of Arms Act at Police Station Israna, District Panipat
Learned counsel for the petitioner has argued that the petitioner has now been in custody since 24.03.2011 and the victim has been discharged from the hospital.
On the last date, the medical report of the complainant had also been placed on record as per which the surgical condition of the victim was stable and there was surgical site infection of Lt. Nephrectomy wound.
On instructions from ASI, Om Parkash, learned Deputy Advocate General as well as learned counsel for the complainant have accepted these factual assertions though learned counsel for the
CRM-M NO.22598 of 2011 (O&M)
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complainant has opposed the bail application saying that the victim is still under treatment.
Be that as it may, in view of the fact that the victim is discharged from the hospital and keeping in view the period of incarceration, without going into the merits of the case, I deem it appropriate to grant the concession of bail to the petitioner to the satisfaction of the CJM/Duty Magistrate, Panipat.
Ordered accordingly.
Petition stands disposed of.
(AJAY TEWARI) JUDGE
18.10.2011 sonika
2 issues framed by the court
Whether petitioner should be granted regular bail in murder and attempt to murder charges.
Whether victim's discharge from hospital affects bail plea.
3 provisions across 3 enactments
Moti Ram
State of Haryana
AJAY TEWARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
