High Court of Punjab and Haryana considered a second bail application filed by the main accused in a murder case involving fatal gunshot injuries. The Court dismissed the application, holding it not to be a fit case for bail release.
Bail application dismissed as devoid of merit; accused is to remain in custody.
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.M.No.M-16739 of 2012(O&M)
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH.
Crl.M.No.M-16739 of 2012(O&M) Date of Decision: July 2, 2012
Pritpal Singh @ Rinku
.....Petitioner
v.
State of Haryana
......Respondent
CORAM: HON'BLE MR.JUSTICE RAM CHAND GUPTA
Present: Mr.Kuldeep V.Singh, Advocate for the petitioner.
.......
RAM CHAND GUPTA, J.(Oral)
Crl.M.No.33514 of 2012
Application is allowed subject to all just exceptions.
Crl.M.No.M-16739 of 2012
The present petition filed under Section 439 Cr.P.C. is for grant of bail to the petitioner in case FIR No.134, dated 22.7.2009, under Sections 302, 323, 324, 325, 148, 149 IPC and under Sections 27 and 25 of the Arms Act, registered at Police Station Sadar Sirsa.
I have heard learned counsel for the petitioner and have gone through the whole record carefully, including the impugned order passed by learned Sessions Judge, Sirsa, vide which application filed on behalf of the present petitioner for bail was dismissed.
Brief allegations against petitioner-accused are that he caused a gun shot injury in the chest of Gurchet Singh, which proved fatal. Hence, he is the main accused. This is second application for bail filed by petitioner-accused. His earlier bail application was dismissed on merit by
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Crl.M.No.M-16739 of 2012(O&M)
Coordinate Bench of this Court vide order dated 14.11.2011 passed in Crl.M.No.M-24333 of 2011.
It has been contended by learned counsel for the petitioner that he has been continuing in custody since 24.7.2009 and the trial has not been concluded so far. It is further contended that an application under Section 319 Cr.P.C. was also filed by the prosecution which was dismissed by learned trial Court and that against the said order revision petition has been filed by the complainant, in which further proceedings have been stayed and hence, it is contended that trial is not likely to be concluded in near future.
However, petitioner is the main accused. Hence, keeping in view the facts of the case, I do not find it to be a fit case to release the petitioner on bail.
Without expressing any opinion on the merits of the case, the present petition filed by petitioner-Pritpal Singh @ Rinku for grant of bail is, hereby, dismissed being devoid of any merit.
(Ram Chand Gupta) Judge
2.7.2012
meenu
2 issues framed by the court
Whether bail should be granted to a main accused charged with causing fatal gunshot injuries under Sections 302 and 324 IPC where the trial is not concluded.
Whether the pendency of a revision petition against an order dismissing Section 319 Cr.P.C. is a material circumstance for granting bail.
4 provisions across 3 enactments
Pritpal Singh @ Rinku
State of Haryana
RAM CHAND GUPTA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
