The High Court of Punjab and Haryana granted regular bail to the petitioner in a murder case where allegations of instigation and fleeing in his vehicle were not present in the original FIR.
Petitioner allowed bail on furnishing bail bonds/surety bonds to the satisfaction of the Chief Judicial Magistrate or Duty Magistrate, Jhajjar.
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.
Crl. Misc. No. M-15441 of 2012 (O&M)
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Crl. Misc. No. M-15441 of 2012 (O&M) Date of decision: 03.08.2012
Monu @ Jaimeet
....Petitioner
Versus
State of Haryana
....Respondent
CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH
PARAMJEET SINGH, J. (ORAL)
This is a petition filed under Section 439 of the Code of Criminal Procedure for grant of concession of regular bail to the petitioner in case FIR No.427 dated 15.10.2010 under Sections 302/120B/34/216 IPC and Section 25 of Arms Act, registered at Police Station Sadar, Bahadurgarh, District Jhajjar.
Learned counsel for the petitioner contends that in the FIR only allegation against the petitioner is that Jitender after firing shot at Dharmender ran towards Jhajjar in white Scorpio vehicle bearing No. HR-26-0080 with Monu resident of village Badli. Except this, there is no allegation against the petitioner.
However, learned counsel for the State has submitted that eyewitness Surender has stated that Monu was standing by the side of Jitender. Monu asked Jitender to shoot Dharmender. On this, Jitender fired at Dharmender and after receiving firearm injury, Dharmender fell down on the ground. Thereafter Monu again raised voice and instigated
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Crl. Misc. No. M-15441 of 2012 (O&M)
Jitender that Dharmender should not remain alive.
Learned counsel for the petitioner states that this is an improved version of the story depicted in the FIR.
Keeping in view that no specific overt acts are attributed to the petitioner, only allegation of instigation and running away of the main accused Jitender in the car of the petitioner has been attributed. Statement in Court appears to be an improvement in the version given in the FIR.
Without expressing any opinion on the merits of the case, the petition is allowed. Petitioner is ordered to be released on bail, on his furnishing bail bonds/surety bonds, to the satisfaction of Chief Judicial Magistrate/Duty Magistrate, Jhajjar.
(Paramjeet Singh) Judge
August 03, 2012 R.S.
1 issue framed by the court
Whether the petitioner deserves regular bail despite the enlarged allegations instigating the accused and fleeing in his vehicle.
Monu @ Jaimeet
State of Haryana
Paramjeet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
