Allowed

Ram Niwas and Anr. v. State of Haryana

Punjab & Haryana HC9 Feb 2012CRM-M/26129/2011

Case brief

AI extract

What is this about?

Petitioners sought bail for a substantive case under sections 302 and 506 IPC; one petition withdrawn. For Bhal Singh, the court granted bail citing delay in FIR lodgement (5 months post-death/injury) and late witness statements.

What did the court decide?

Petitioner Bhal Singh released on bail by personal bond of Rs. 50,000 with one surety to the Chief Judicial Magistrate, Sirsa.

Ram Niwas and Anr. Vs State of Haryana — Murder and Culpable Homicide | Punjab & Haryana HC (2012)

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Crl. Misc. No.M-26129 of 2011

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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Criminal Misc. No. M-26129 of 2011 (O&M) Date of Decision: February 9th, 2012

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Ram Niwas and another

.... Petitioners

Versus

State of Haryana

.... Respondent

CORAM : HON'BLE MR. JUSTICE VIJENDER SINGH MALIK

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1.Whether Reporters of local papers may be allowed to see the judgment?

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2.Whether to be referred to the Reporters or not?

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3.Whether the judgment should be reported in the Digest?

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Present Mr. R.N.Singal, Advocate, for the petitioners.

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Mr. Sagar Deswal, AAG, Haryana, for the State.

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VIJENDER SINGH MALIK, J.

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In this petition, brought by Ram Niwas and Bhal Singh for regular bail in a case registered by way of FIR No. 56 dated 16.11.2009 at Police Station GRP Sirsa for an offence punishable under sections 302 and 506 read with section 34 of Indian Penal Code, the petition qua Ram Niwas, petitioner No.1, has been withdrawn by learned counsel for the petitioners and the same is dismissed as such.

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Learned counsel for petitioner, Bhal Singh has submitted that the petitioner is in custody since 22.3.2010. According to him, the petitioner is not named in the FIR. He has further submitted that Sunder sustained some injuries in the alleged occurrence and that after 40 days of hospitalization, he went home. According to him, after 5 months of the occurrence, he died at home and it cannot be said that the death is the

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Crl. Misc. No.M-26129 of 2011

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direct result of the injuries attributed to the petitioner and others. He has further submitted that even after the death of Sunder, that occurred on 25.10.2009, the FIR had been lodged on 16.11.2009 and that there is no explanation for this delay in lodging the FIR.

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Coming to the merits of the case, learned counsel for the petitioner has submitted that the evidence of motive comes in the statement of Ashok Kumar, while evidence of last seen comes in the statement of Sudesh Kumar. According to him, their statements were recorded by the police after nine months of the occurrence and what reliance can be placed on their statement is quite evident.

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Learned State counsel could not dispute the factual submissions made by learned counsel for the petitioner.

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Looking to the facts that Sunder died 5 months after the alleged occurrence and that no FIR was lodged in the meanwhile by him or on his behalf and that the FIR was also lodged after a number of days of the death of Sunder and that statements of material witnesses have been recorded after 9 months of the occurrence, the petitioner Bhal Singh, who is in custody since 22.3.2010 is entitled to bail.

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The petition is, consequently, allowed. Bhal Singh, the petitioner is directed to be released on bail on his furnishing a personal bond in a sum of Rs.50,000/- with one surety in the like amount to the satisfaction of learned Chief Judicial Magistrate, Sirsa.

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(VIJENDER SINGH MALIK) JUDGE

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February 9th, 2012 som

Ram Niwas and Anr. v. State of Haryana

Case brief

What is this about?

What did the court decide?

Ram Niwas and Anr. v. State of Haryana

Case brief

What is this about?

What did the court decide?

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