High Court Crl. Misc. No. M-13761 of 2012 dismissed a petition for regular bail. The court held that recovery of jewellery and an extra-judicial confession negated grounds for bail, dismissing the petition in a murder case under IPC Sections 302, 404, 201, 34.
Bail application dismissed; no grounds found for granting 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.
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Crl. Misc. No. M-13761 of 2012 (O&M)
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-13761 of 2012 (O&M) Date of decision: September 10, 2012.
Gurjeet singh
... Petitioner(s)
v.
State of Haryana
... Respondent(s)
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
Present: Shri N.S. Shekhawat, Advocate, for the petitioner.
Shri Sidharth Sarup. Deputy Advocate General, Haryana.
Paramjeet Singh, J. (Oral):
Present petition has been filed under Section 439 of the Code of Criminal Procedure for the grant of regular bail to the petitioner in a case arising out of FIR No.185, dated 13.9.2010, registered at Police Station Sadar Tohana, District Fatehabad, under Sections 302, 404, 201, 34 of the Indian Penal Code.
Learned Counsel for the petitioner contends that the occurrence is dated 12.9.2010. The complainant Sukhdev Singh made a complaint to the police authorities that his mother had been murdered. Learned Counsel for the petitioner further contends that the jewellery was already with Sukhdev Singh as he was the owner and had to inherit the property from the deceased. The recovery has been shown after more than a year on the basis of extra-judicial confession.
Learned Counsel for the State, after seeking instructions from
Crl. Misc. No. M-13761 of 2012 (O&M) -: 2 :-
the Investigating Officer, has pointed out to this Court that out of 28 witnesses, 15 have already been examined. Besides the extra-judicial confession, recovery of the jewellery has been effected from the petitioner by recording a statement under Section 27 of the Evidence Act.
Keeping in view the fact that recovery has been effected in addition to the extra-judicial confession, however, without expressing any opinion on the merits of the case, no ground for the grant of bail is made out.
Dismissed.
September 10, 2012. kadyan-
Paramjeet Singh ] Judge
1 issue framed by the court
Whether regular bail should be granted to the petitioner in a murder case despite extra-judicial confession and recovery of jewellary.
3 provisions across 3 enactments
Gurjeet singh
State of Haryana
Paramjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
